§ 872.430.Claim For Contribution Or Other Compensatory Adjustment

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 872.430 permits, but does not require, a defendant's answer to include any claim for contribution or other compensatory adjustment against the other parties.

Full Text of § 872.430

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The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.

Plain-English Summary

This section gives a defendant the option -- not the obligation -- to raise a contribution or compensatory-adjustment claim in the answer itself. A defendant who paid more than their share of taxes, mortgage payments, or repairs, for instance, can use the answer to ask the court to account for that when it makes the equitable adjustments authorized under § 872.140.

Because the statute says the answer "may" set forth such a claim rather than requiring it, a defendant isn't forced to raise contribution issues at the pleading stage if they'd rather address them later in the proceeding, whether by motion or otherwise, as the case develops.

Frequently Asked Questions

Can a defendant ask for reimbursement from co-owners in the answer to a partition complaint?

Yes. Section 872.430 allows the answer to set forth any claim for contribution or other compensatory adjustment.

Is a defendant required to raise contribution claims in the answer?

No, the statute is permissive -- the answer "may" include such a claim, but doesn't have to.

What kind of relief does a contribution claim like this lead to?

The equitable allowance, accounting, contribution, or other compensatory adjustment the court is authorized to order under § 872.140.

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: contribution claim in partition answer california