(a) If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition of the property and, unless it is to be later determined, the manner of partition.
§ 872.720.Interlocutory Judgment Determining Interests; Impracticable Or Inconvenient to Make Single Judgment
Title 10.5. Partition of Real and Personal Property · Chapter 3. Trial · Article 2. Determination of Right to Partition · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.720 requires the court, once it finds the plaintiff entitled to partition, to enter an interlocutory judgment determining the parties' interests and ordering partition, with a fallback letting the court first settle the original owners' interests separately when a single judgment on everyone's interests would be impracticable or highly inconvenient.
Full Text of § 872.720
(b) If the court determines that it is impracticable or highly inconvenient to make a single interlocutory judgment that determines, in the first instance, the interests of all the parties in the property, the court may first ascertain the interests of the original concurrent or successive owners and thereupon make an interlocutory judgment as if such persons were the sole parties in interest and the only parties to the action. Thereafter, the court may proceed in like manner as between the original concurrent or successive owners and the parties claiming under them or may allow the interests to remain without further partition if the parties so desire.
Plain-English Summary
Once the court decides under § 872.710 that partition should happen, subdivision (a) tells it what to do next: enter an interlocutory judgment that determines everyone's interests in the property, orders the partition, and -- unless that question is deferred -- decides the manner of partition too.
Subdivision (b) recognizes that a single, all-at-once judgment isn't always workable, particularly in cases with layered or successive ownership. Where determining every party's interest at once would be impracticable or highly inconvenient, the court may first ascertain the interests of the original concurrent or successive owners, and enter an interlocutory judgment treating them as if they were the only parties. After that, the court can proceed the same way again as between those original owners and whoever claims under them -- or, if the parties prefer, let the interests stand without further partition.
This staged approach keeps complicated ownership structures from stalling the whole case while the court works out every downstream claim before anyone's rights get resolved.
Frequently Asked Questions
What does the interlocutory judgment in a partition case decide?
The interests of the parties in the property, and it orders the partition of the property -- and, unless deferred, the manner of partition.
What happens if it's too complicated to determine everyone's interest in a single judgment?
Section 872.720(b) lets the court first determine the interests of the original concurrent or successive owners alone, then proceed in the same staged manner with those claiming under them.
Can the parties agree to leave some interests undivided after the first stage?
Yes, the court may allow the interests to remain without further partition if the parties so desire.
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: interlocutory judgment partition californiastaged partition judgment successive owners