Payment Of Costs Of Partition - Costs Of Partition - Civil Procedure - CA

Section § 874.110

This law section explains that when a court is deciding how to divide a property among co-owners, it can require that certain costs be paid before the final decision is made. Any costs that aren't paid before then will be clearly mentioned and included in the final judgment.

(a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment.

(b) Any costs that remain unpaid shall be included and specified in the judgment.

partition costs property division co-owners ...

Section § 874.120

If you're involved in a legal matter where a share of property is divided, any costs associated with it become a lien on your share. This lien is given priority over other liens, except for other liens created by the same section.

(a) The costs shall be a lien on the share of the party specified.

(b) A lien imposed by this section has priority over any other lien on the share except those imposed under this section.

property division costs share of property lien priority ...

Section § 874.130

If someone has a lien on a property and can show a good reason, the court might allow the property to be sold, either before or after a judgment, to benefit everyone with a lien equally.

Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a sale of all or a portion of the property before or after judgment for the benefit of all such lien claimants without priority among them.

lien property sale priority ...

Section § 874.140

If someone is owed money for the costs of dividing property (partition costs), they can collect it like any other money judgment, specifically from the share or other property of the person who owes it.

A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments generally against the share of the party specified in the judgment or against other property of the party.

unpaid costs partition money judgment enforcement ...