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§ 873.260.Lien On Undivided Interest of Party

Title 10.5. Partition of Real and Personal Property · Chapter 5. Division of the Property · Enacted 1976 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 873.260 provides that a lien attached to a party's undivided interest in the property becomes, once the property is divided, a charge only on the specific share allotted to that party rather than on the whole property.

Full Text of § 873.260

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Where a lien is on an undivided interest of a party, the lien shall, upon division of the property, become a charge only on the share allotted to that party.

Plain-English Summary

Before division, a lien on a party's interest attaches to a fractional, undivided share of the whole property. Once the referee physically divides that property and allots portions to each party, this section carries the lien forward cleanly: it becomes a charge only on the share allotted to the party whose interest was originally encumbered.

That result protects everyone else in the action. The parties who receive other portions get shares that aren't burdened by a lien that was never theirs to begin with — a lien follows the interest it originally attached to, not the property generally.

The sale track handles liens differently, since there's no physical share for a lien to migrate onto. Under § 873.820, liens on property that is sold instead are paid out of the sale proceeds, in order of priority, rather than following a party into a particular parcel.

Frequently Asked Questions

What happens to a lien on a co-owner's interest after the property is physically divided?

It becomes a charge only on the share allotted to that co-owner, not on the shares allotted to the other parties.

Why does this matter for the other parties?

It keeps a lien tied to one party's original interest from encumbering the property allotted to someone else.

Is this the same way liens are handled when the property is sold rather than divided?

No. Under § 873.820, liens on property that is sold are paid out of the sale proceeds in order of priority.

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: lien after partition division california