General ProvisionsPreliminary Provisions

Section § 872.010

Explanation
This section defines key terms used for partition actions. 'Action' refers to legal proceedings to divide property. 'Lien' covers any claim or interest in property used as security, like mortgages. 'Property' means all types of assets, both real and personal. 'Remainder' involves future interests in property, such as reversion rights. 'Title report' concerns documents verifying legal ownership and interests in property.
As used in this title:
(a)CA Civil Procedure Code § 872.010(a) “Action” means an action for partition under this title.
(b)CA Civil Procedure Code § 872.010(b) “Lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity.
(c)CA Civil Procedure Code § 872.010(c) “Property” includes real and personal property.
(d)CA Civil Procedure Code § 872.010(d) “Remainder” includes reversion, reversionary interest, right of entry, and executory interest.
(e)CA Civil Procedure Code § 872.010(e) “Title report” includes a preliminary report, guarantee, binder, or policy of title insurance.
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Section § 872.020

Explanation

This law section explains that the rules here are used when property owners want to divide their property, whether it's land, buildings, or sometimes even items they own together.

This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property.
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Section § 872.030

Explanation

This law section means that the general rules and procedures for civil court cases apply to actions under this title, unless they conflict with specific rules in this title.

The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this title.
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Section § 872.040

Explanation

This law states that no part of this title (the law it's within) allows anyone to ignore other laws or rules about how property is divided, sold, or transferred. You still have to follow all applicable regulations.

Nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property.
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