To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property.
§ 872.620.Duty of Court to Ascertain State of Title
Title 10.5. Partition of Real and Personal Property · Chapter 3. Trial · Article 1. Determination of Interests of Parties · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.620 requires the court, on adequate proof and to the extent necessary to grant the relief sought or other appropriate relief, to ascertain the state of the title to the property.
Full Text of § 872.620
Plain-English Summary
Before a court can order property divided or sold, it needs an accurate picture of who owns what. This section imposes that duty directly: to the extent necessary to grant the relief sought or other appropriate relief, the court must ascertain the state of title, based on adequate proof presented by the parties.
That duty isn't limitless -- it runs only as far as necessary to the relief being sought, so the court isn't required to resolve title questions that have no bearing on the partition itself. This work often draws on a title report obtained under § 872.220 and feeds directly into the interlocutory judgment the court enters under § 872.720, which has to determine the parties' interests before ordering partition.
Frequently Asked Questions
Does the court have to independently verify who owns the property before ordering partition?
Yes. Section 872.620 requires the court to ascertain the state of title, to the extent necessary to grant the relief sought, based on adequate proof.
What evidence does the court rely on to determine title?
The statute requires "adequate proof," which in practice often includes a title report obtained under § 872.220 along with other evidence the parties present.
Does the court have to resolve every title question connected to the property?
No, only those necessary to grant the relief sought or other appropriate relief.
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 determines title in partition action california