Can a co-owner of real or personal property bring an action for partition?

California, United States of America


The following excerpt is from Tolley v. Kobzoff, F078021 (Cal. App. 2020):

"A co-owner of real or personal property may bring an action for partition. [Citation.] 'The primary purpose of a partition suit is ... to partition the property, that is, to sever the unity of possession.'" (LEG Investments v. Boxler (2010) 183 Cal.App.4th 484, 493.) "If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition of the property and, unless it is to be later determined, the manner of partition." ( 872.720, subd. (a).)

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