RulesofCivilProcedure.com Civil Procedure · Every State

§ 872.040.Compliance With Laws Regulations Ordinances Governing Division Sale Or Transfer of Property

Title 10.5. Partition of Real and Personal Property · Chapter 1. General Provisions · Article 1. Preliminary Provisions · Enacted 1976 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 872.040 clarifies that nothing in this title excuses a party from complying with any other applicable law, regulation, or ordinance that governs dividing, selling, or transferring property.

Full Text of § 872.040

Text size

Nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property.

Plain-English Summary

A partition judgment resolves the dispute between co-owners, but it doesn't clear away every other legal requirement that might apply to the property. This section makes that point explicit: complying with this title's procedures for dividing, selling, or transferring property doesn't excuse compliance with any other law, regulation, or ordinance that separately governs that same division, sale, or transfer.

In practice, that means local subdivision ordinances, zoning requirements, or other land-use rules keep applying to a partition in kind just as they would to any other division of real property. A court ordering partition under § 872.810 or a sale under § 872.820 isn't granting an exemption from those independent requirements -- the parties and any referee involved still have to satisfy them.

Frequently Asked Questions

Does a court order dividing property under this title override local zoning or subdivision rules?

No. Section 872.040 makes clear that nothing in this title excuses compliance with other applicable laws, regulations, or ordinances governing division, sale, or transfer of property.

Who has to comply with those other laws when property is partitioned?

The statute doesn't single anyone out -- it preserves the independent force of those other laws for whoever is dividing, selling, or transferring the property under a partition judgment.

Amendment History

Added by Stats. 1976, Ch. 73.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: partition and zoning laws californiadoes partition judgment override local ordinances