To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership property, where the rights of unsecured creditors of the partnership will not be prejudiced.
§ 872.730.Partnerships
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 872.730 lets a court apply this title's partition provisions in a partnership accounting and dissolution proceeding, or in an action to partition partnership property, when it finds them a suitable remedy and applying them won't prejudice the rights of the partnership's unsecured creditors.
Full Text of § 872.730
Plain-English Summary
Partnership property doesn't always fit neatly into ordinary co-ownership categories, so this section builds in a bridge between this title and partnership law. Where the court determines this title's provisions offer a suitable remedy, it may apply them in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership property.
That flexibility comes with a condition: the rights of unsecured creditors of the partnership can't be prejudiced by applying these provisions. Because partnership assets are normally available to satisfy partnership debts before individual partners divide what remains, this section makes sure a partition-style remedy doesn't let partners carve up assets in a way that leaves creditors worse off. This is also the exception § 872.710(b) refers to when it makes partition of concurrent interests a right "except as provided in Section 872.730."
Frequently Asked Questions
Can partnership property be divided using this title's partition procedures?
Yes, to the extent the court determines those provisions are a suitable remedy, either in a partnership accounting and dissolution proceeding or in an action to partition partnership property.
Does applying partition principles to partnership property risk harming the partnership's creditors?
The statute is designed to prevent that -- these provisions can only be applied where the rights of unsecured creditors of the partnership will not be prejudiced.
Why does § 872.710 mention this section as an exception to the general right to partition?
Because partition of partnership interests isn't automatic the way concurrent-interest partition normally is; it depends on the court finding this title a suitable remedy under the conditions § 872.730 sets.
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: partition of partnership property californiapartnership dissolution and partition