(a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest.
§ 874.050.Payment of Costs Apportioned to Future Interest
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 874.050 lets the court order that the share of costs apportioned to a future interest be paid instead by the other parties to the action or by whoever presently holds the future interest's presumptive ownership, subject to a right of reimbursement, with interest, secured by a charge on that future interest.
Full Text of § 874.050
(b) Where the court orders payment pursuant to this section, such payment is subject to a right of reimbursement, with interest at the legal rate, secured by a charge upon the future interest.
Plain-English Summary
A future interest — a remainder after a life estate, for example — often has no present income and sometimes no ascertainable owner yet. Section 874.050 handles the cost share that would otherwise fall on that interest by letting the court redirect payment to other parties in the action, or to the people who currently hold the presumptive ownership of the future interest.
Whoever ends up fronting that payment isn't out the money for good. Subdivision (b) gives them a right of reimbursement, with interest at the legal rate, and secures that right with a charge on the future interest itself — so when the future interest eventually vests or becomes payable, the advance gets repaid first.
Frequently Asked Questions
What happens to the cost share attributable to a future interest?
The court may order it paid by the other parties to the action, or by the persons who are presently the presumptive owners of the future interest.
Does whoever advances that payment get repaid?
Yes, with interest at the legal rate, and that right of reimbursement is secured by a charge on the future interest.
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: costs apportioned future interest partition californiareimbursement charge future interest partition