Where the defendant has or claims a lien on the property, the answer shall set forth the date and character of the lien and the amount remaining due thereon.
§ 872.420.Lien Claimed On Property
Title 10.5. Partition of Real and Personal Property · Chapter 2. Commencement of Action · Article 3. Answer · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.420 requires a defendant claiming a lien on the property to state the lien's date, its character, and the amount still owed on it in the answer.
Full Text of § 872.420
Plain-English Summary
A defendant who has or claims a lien on the property -- a mortgage, deed of trust, judgment lien, or similar security interest as defined in § 872.010(b) -- has to disclose it in the answer with enough specificity for the court to act on it. That means stating the date the lien arose, what kind of lien it is, and the amount still due on it.
This disclosure feeds directly into the court's later work under § 872.630, which requires the court to determine the status and priority of all liens on the property before granting relief. Pleading the lien clearly in the answer gives the court and the other parties an early, accurate picture of what has to be sorted out at that stage.
Frequently Asked Questions
What must a defendant with a lien on the property disclose in the answer?
The date and character of the lien, and the amount remaining due on it.
Why does the answer need this level of detail about a lien?
Because the court has to determine the status and priority of all liens on the property under § 872.630, and an accurate disclosure in the answer supports that determination.
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: disclosing a lien in partition answer california