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§ 872.640.Consideration of Interest of Unknown Parties

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 872.640 lets the court, when two or more parties in the action are unknown, consider their interests together as a group rather than resolving disputes between the unknown parties themselves.

Full Text of § 872.640

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Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other.

Plain-English Summary

When unknown parties get joined under §§ 872.520 or 872.550, the court sometimes can't meaningfully sort out how those unknown parties' interests relate to each other -- there may be no way to know who among them owns what share. This section lets the court sidestep that impossible task: where two or more parties are unknown, it may consider their interests together in the action, rather than trying to determine their interests as between one another.

That approach keeps the case moving without forcing the court to guess at relationships it has no evidence to establish. If those unknown parties or their claims later become identifiable, any internal division of the interest the court treated collectively would presumably be worked out separately, outside the scope of what this section requires the court to resolve here.

Frequently Asked Questions

What happens when a partition action involves multiple unknown parties with interests that can't be sorted out between them?

Section 872.640 lets the court consider their interests together as a group, rather than determining their interests as between each other.

Does this mean the court ignores those unknown parties' interests entirely?

No, their collective interest is still considered in the action -- it's only the allocation between the unknown parties themselves that the court isn't required to resolve.

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: unknown parties interests partition action california