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§ 872.120.Powers of Court In Conducting Action

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 872.120 gives the court broad authority during a partition action to hear and decide motions, reports, and accounts, and to issue any decree or order necessary or incidental to carrying out and enforcing this title's purposes.

Full Text of § 872.120

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In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title and to effectuating its decrees and orders.

Plain-English Summary

Partition litigation often runs longer and touches more moving parts than an ordinary lawsuit -- referees filing reports, parties seeking allowances or accountings, disputes over how a sale should proceed. This section gives the court the tools to manage all of it. The court may hear and determine motions, reports, and accounts as they arise, and it may issue whatever decrees and orders are necessary or incidental to carrying out this title's purposes and enforcing its own prior decrees and orders.

That authority isn't a separate cause of action; it's a case-management power that lets the court adapt as the action unfolds -- confirming a referee's report under § 872.630, for example, or entering the compensatory adjustments authorized by § 872.140 -- without needing a specific statute for every contingency that might come up between the complaint and the final distribution.

Frequently Asked Questions

What kinds of matters can the court decide during a partition action beyond the basic partition question?

Motions, reports, and accounts that come up during the action, plus any decree or order the court finds necessary or incidental to carrying out this title's purposes.

Does the court need a separate statute to handle every issue that comes up during a partition case?

Not for issues incidental to the action. Section 872.120 gives the court general authority to make orders necessary to effectuate its own decrees and the purposes of this title.

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: court powers in partition action california