Talkov Law Blog

California Code of Civil Procedure 872.730 is the California partition statute that explains partition as a remedy in partnerships:

To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership property, where the

California Code of Civil Procedure 872.550 is the California partition statute that allows a plaintiff to join all parties, including unknown parties, in a partition action. The statute provides that:

Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the property,” naming them in that

California Code of Civil Procedure 872.520 is the California partition statute that adds to California Code of Civil Procedure 872.510 by further explaining the requirement of joining defendants or ownership interests that are unknown. This section provides as follows:

(a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in

California Code of Civil Procedure 872.510 is the California partition statute that explains who should be joined as a defendant in a partition action. The statute provides that:

The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property,

California Code of Civil Procedure 872.540 is the California partition statute that determines that lessees who use the property, but are not owners, should not be joined in the partition action. The statute provides that:

Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff

California Code of Civil Procedure 872.630 is the California partition statute that describes how the court addresses liens, including their status and priority, in a partition lawsuit. The statute provides that:

(a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all liens upon the property.

(b)

California Code of Civil Procedure 872.640 is the California partition statute that describes what courts will do in the event that multiple parties are unknown. The statute provides that:

Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other.
California Code of Civil Procedure 872.640

When one

California Code of Civil Procedure 873.240 is the California partition statute that describes how property will be physically divided in a partition lawsuit. The statute provides that:

Where real property consists of more than one distinct lot or parcel, the property shall be divided by such lots or parcels without other internal division to the extent that it can be