Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.
§ 874.040.Apportionment of Costs
Title 10.5. Partition of Real and Personal Property · Chapter 8. Costs of Partition · Article 1. Allowance and Apportionment of Costs of Partition · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 874.040 requires the court to apportion the costs of partition among the parties in proportion to their interests in the property, except as another provision of this article specifies otherwise or an equitable apportionment calls for a different split.
Full Text of § 874.040
Plain-English Summary
Once the costs of partition are identified under §§ 874.010 through 874.030, someone has to pay for them. The default rule here is proportionality: the court apportions those costs among the parties according to their respective interests in the property.
That default gives way in two situations. Other provisions of this article set special rules for particular circumstances — § 874.050 for costs apportioned to a future interest, for instance. And even outside those specific carve-outs, the court can depart from strict proportionality when an equitable apportionment calls for it.
This is the general rule that Chapter 10's own cost provision, § 874.321.5, builds on for cases governed by the Partition of Real Property Act, adding a further limit on charging costs to a cotenant who opposed the partition.
Frequently Asked Questions
How are partition costs normally divided among the parties?
In proportion to each party's interest in the property.
Can the court depart from strict proportionality?
Yes, when another provision of this article applies or when an equitable apportionment calls for a different split.
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
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