§ 872.020.Title Governs Actions For Partition
Title 10.5. Partition of Real and Personal Property · Chapter 1. General Provisions · Article 1. Preliminary Provisions · Last amended 2023 · Last verified July 28, 2026
Full Text of § 872.020
Plain-English Summary
This section draws the outer boundary of Title 10.5. It governs partition actions for real property outright, and it governs partition actions for personal property too, but only to the extent the title's provisions fit that kind of property. A rule written with real estate in mind -- recording a lis pendens against a parcel, for instance -- doesn't translate cleanly to a set of jointly owned shares or a boat, so the statute builds in that flexibility rather than forcing an awkward fit.
That flexibility connects directly to § 872.010(c), which defines "property" to include both real and personal property, and to § 872.240, which allows a single action to partition both kinds of property together. Where a specific personal-property procedure doesn't map onto this title's real-property-oriented mechanics, § 872.030 falls back on the general rules of civil procedure to fill the gap.
Frequently Asked Questions
Does this title cover partition of personal property, like jointly owned business shares or vehicles?
Yes, to the extent its provisions can be applied. Section 872.020 extends the title to personal property, subject to that limitation.
Why doesn't the statute apply every provision equally to real and personal property?
Because several mechanics in this title -- recording a lis pendens against real estate, for example -- are built around real property and don't translate to every kind of personal property.
Can real property and personal property be partitioned in the same lawsuit?
Yes. Section 872.240 allows a single action to partition both real and personal property together.
Amendment History
Amended by Stats 2022 ch 82 (AB 2245),s 1, eff. 1/1/2023. Amended by Stats 2021 ch 119 (AB 633),s 1, eff. 1/1/2022. Added by Stats. 1976, Ch. 73.