Real and personal property may be partitioned in one action.
§ 872.240.Real and Personal Property Partitioned In One Action
Title 10.5. Partition of Real and Personal Property · Chapter 2. Commencement of Action · Article 1. Complaint and Lis Pendens · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.240 allows real property and personal property to be partitioned together in a single action, rather than requiring separate lawsuits for each kind of property.
Full Text of § 872.240
Plain-English Summary
This is a short but useful efficiency rule. When co-owners hold both real and personal property together -- a house and its furnishings, for instance, or land and equipment used on it -- this section lets one lawsuit handle both, instead of forcing the parties into two separate actions covering the same ownership dispute.
That efficiency depends on the flexibility § 872.020 already built in: this title governs real-property partition fully and personal-property partition wherever its provisions can be applied. Combining both kinds of property in one complaint under § 872.230 means describing each according to its own requirements, even though they proceed together as a single case.
Frequently Asked Questions
Can I partition a house and jointly owned personal property in the same lawsuit?
Yes. Section 872.240 allows real and personal property to be partitioned in one action.
Do I have to file separate complaints for the real property and the personal property?
No, a single complaint can cover both, as long as it meets § 872.230's description and disclosure requirements for each type of property.
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 real and personal property same lawsuit california