California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10.5 — Partition of Real and Personal Property, Chapter 3 — Trial, Article 2 — Determination of Right to Partition, Section 872.720

(a) 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.

(b) If the court determines that it is impracticable or highly inconvenient to make a single interlocutory judgment that determines, in the first instance, the interests of all the parties in the property, the court may first ascertain the interests of the original concurrent or successive owners and thereupon make an interlocutory judgment as if such persons were the sole parties in interest and the only parties to the action. Thereafter, the court may proceed in like manner as between the original concurrent or successive owners and the parties claiming under them or may allow the interests to remain without further partition if the parties so desire.

Notes

Requires an interlocutory judgment, when partition is allowed, determining the parties’ interests and ordering partition and its manner unless that manner will be decided later. If determining all interests at once is impracticable or highly inconvenient, the court may first determine original concurrent or successive owners’ interests, then address derivative claims similarly or leave them unpartitioned if the parties desire.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 872.720 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10-5/chapter-3/article-2/section-872-720

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