(a) The superior court has jurisdiction of actions under this title.
§ 872.110.Superior Court Jurisdiction; Venue
Title 10.5. Partition of Real and Personal Property · Chapter 1. General Provisions · Article 2. Powers of Court · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.110 gives the superior court jurisdiction over partition actions and sets venue in the county where the real property sits, or, for personal property, the county where it is principally located or where a defendant resides when the action begins.
Full Text of § 872.110
(b) Subject to the power of the court to transfer actions, the proper county for the trial of actions under this title is:
(1) Where the subject of the action is real property or real and personal property, the county in which the real property, or some part thereof, is situated.
(2) Where the subject of the action is personal property, the county in which the personal property is principally located at the commencement of the action or in which the defendants, or any of them, reside at the commencement of the action.
Plain-English Summary
Subdivision (a) is direct: the superior court hears partition actions. Subdivision (b) sets the proper county for trial, and it splits along the same real-property/personal-property line that runs through this whole title. If the action involves real property, or both real and personal property, venue lies in the county where the real property (or some part of it) sits. That makes sense given how tightly partition of real estate connects to that property's location -- recording a lis pendens, for instance, happens in that county's recorder's office under § 872.250.
If the action involves only personal property, venue instead follows the property's location or the defendants' residence: the county where the personal property is principally located when the action starts, or the county where any of the defendants reside at that time. Both venue rules stay subject to the court's ordinary power to transfer an action, so getting venue right at filing doesn't foreclose a later transfer motion.
Frequently Asked Questions
Which court hears a California partition action?
The superior court. Section 872.110(a) gives the superior court jurisdiction over actions under this title.
Where do I file a partition action involving real property?
In the county where the real property, or some part of it, is situated.
Where do I file if the action involves only personal property?
In the county where the personal property is principally located when the action is filed, or in the county where any of the defendants reside at that time.
Can venue be changed after the action is filed?
Yes. Section 872.110(b) sets proper venue subject to the court's power to transfer the action.
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
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