California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10.5 — Partition of Real and Personal Property, Chapter 9 — Judgment, Section 874.225

Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions is satisfied:

(a) The claim was of record at the time the lis pendens was filed or, if none was filed, at the time the judgment was recorded.

(b) The claim was actually known to the plaintiff or would have been reasonably apparent from an inspection of the property at the time the lis pendens was filed or, if none was filed, at the time the judgment was entered. For the purpose of this subdivision, a “claim in the property or part thereof” of any person means the interest of the person in the portion of the property or proceeds of sale thereof allocated to the plaintiff. Nothing in this subdivision shall be construed to impair the rights of a bona fide purchaser or encumbrancer for value dealing with the plaintiff or the plaintiff’s successors in interest.

Notes

Limits a partition judgment’s effect on a nonparty’s property claim when the claim was recorded at the relevant lis pendens or judgment date, or was actually known or reasonably apparent to the plaintiff then. Defines the covered claim as the nonparty’s interest in the plaintiff’s allocated property or proceeds and preserves bona fide purchaser or encumbrancer rights.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 874.225 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10-5/chapter-9/section-874-225

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