§ 872.010.Definitions
Title 10.5. Partition of Real and Personal Property · Chapter 1. General Provisions · Article 1. Preliminary Provisions · Last amended 1979 · Last verified July 28, 2026
Full Text of § 872.010
Plain-English Summary
Partition law leans on a handful of recurring words, so the drafters defined them once, up front, and let every later section rely on that meaning. An "action" under this title means a partition action specifically, not a lawsuit generally. "Property" covers both real and personal property, which matters because § 872.020 extends this title to both kinds of property. "Lien" is defined broadly -- a mortgage, deed of trust, or any other security interest, however it arose -- which sets up the lien-priority work courts do later under § 872.630.
"Remainder" is defined to sweep in several related future-interest concepts: reversion, reversionary interest, right of entry, and executory interest. That broad definition matters when a court sorts out successive estates under § 872.710, since partition of successive interests turns on exactly this kind of future-interest analysis. "Title report" is defined loosely enough to cover a preliminary report, a guarantee, a binder, or an actual policy of title insurance -- any of the documents a party might use to establish the state of title under § 872.220.
None of these definitions grant rights or impose duties by themselves. They exist to keep the rest of the title consistent, so a reader doesn't have to guess what "lien" or "remainder" means from one section to the next.
Frequently Asked Questions
What does "action" mean under California's partition statutes?
An action for partition brought under this title -- not a lawsuit generally.
Does "property" in this title include personal property, or just real estate?
Both. Section 872.010(c) defines property to include real and personal property.
How broadly is "lien" defined?
Very broadly -- a mortgage, deed of trust, or any other security interest in property, whether it arises from contract, statute, common law, or equity.
What does "remainder" cover in this context?
More than the ordinary property-law sense of the word. It includes a reversion, a reversionary interest, a right of entry, and an executory interest.
Amendment History
Amended by Stats. 1979, Ch. 730.