AN ACCOUNTING IS INHERENT IN A PARTITION ACTION
Code of Civil Procedure section 872.140 sets forth the basis for an accounting to be performed in every partition case. CCP 872.140 states:
The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.
The proceeds from a partition sale are distributed in the following order:
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Expenses of the sale
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“Costs of partition”
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Liens in their order of priority
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Distribution amongst the parties in shares determined by the court
Code of Civil Procedure section 874.010 then explains that the “Costs of Partition” are the following:
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Reasonable attorney’s fees incurred or paid by a party for the common benefit.
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The fee and expenses of the referee.
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The compensation provided by contract for services of a surveyor or other person employed by the referee in the action.
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The reasonable costs of a title report procured pursuant to Section 872.220 with interest thereon at the legal rate from the time of payment or, if paid before commencement of the action, from the time of commencement of the action.
CCP § 874.040 also discusses the “costs of partition” stating that they should be apportioned between the parties “in proportion to their interests or…as may be equitable.”
It should be noted that the Partition of Real Property Act (which deals with an addition to the Partition Code related to a mandatory buy-out option) contains a similar, but different, section on the apportionment of costs, California Code of Civil Procedure Section 874.321.5, which states:
In an action for partition of property, the court may apportion the costs of partition, including an appraisal fee, pursuant to Section 874.040, except that the court shall not apportion the costs of partition to any party that opposes the partition unless doing so is equitable and consistent with the purposes of this chapter.
Read more on the apportionment of attorneys fees and costs here.
See more:
Partition Law Past and Present: The Partition of Real Property Act and its Predecessor The Uniform Partition of Heirs Property Act
What is a Partition Referee?
Distribution of Proceeds from a Partition Case – Accounting, and Adjustments to Proceeds Based on Equitable Considerations (Payments for Utilities, Mortgage, Improvements)
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ANAND LAW is composed of partition lawyers, accountants, and real estate brokers. We represent parties in partition cases where we resolve co-ownership disputes throughout California, from San Diego to Sacramento, and beyond–including in the cities and areas of Los Angeles, Pasadena, Arcadia, Burbank, La Canada Flintridge, Covina, West Covina, Downey, Santa Monica, Glendale, Eagle Rock, Hollywood, Atwater Village, Echo Park, Glassell Park, Loz Feliz, Silverlake, Highland Park, Boyle Heights, Hancock Park, Cheviot Hills, Koreatown, Miracle Mile, Mid City, Venice, Van Nuys, Encino, Studio City, Sherman Oaks, Panorama City, North Hills, West Hills, Thousand Oaks, Calabasas, Granada Hills, Long Beach, Glendora, Anaheim, Inglewood, Santa Ana, Beverly Hills, Pomona, Marina Del Rey, Playa Del Rey, Mar Vista, Culver City, Cheviot Hills, Holmby Hills, Westchester, El Segundo, Hermosa Beach, Redondo Beach, Manhattan Beach, Huntington Beach, Orange, Irvine, Costa Mesa, Newport Beach, Moorpark, Fresno, Stockton, San Francisco, Berkeley, Oakland, Petaluma, Marin, Sausalito, Mill Valley, Tiburon, Daly City, Fremont, Stinson Beach, Redwood City, Berkeley, San Leandro, Napa, Santa Rosa, Costa Mesa, Huntington Beach, Santa Ana, Laguna Beach, Laguna Nigel, San Clemente, Ladera Ranch, Tustin, Lake Forest, Mission Viejo, Coto De Caza, Rancho Santa Margarita, Laguna Hills, Corona Del Mar, Carlsbad, La Jolla, Encinitas, Vista, Del Mar, Chula Vista, and communities throughout Los Angeles, Orange, Santa Barbara, Riverside, San Bernardino, San Luis Obispo, San Diego, Ventura, San Francisco, Alameda, and Mendocino Counties.
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