(a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment.
§ 874.110.Payment In Whole Or In Part Prior to Judgment
Title 10.5. Partition of Real and Personal Property · Chapter 8. Costs of Partition · Article 2. Payment of Costs of Partition · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 874.110 lets the court order the apportioned costs of partition paid in whole or in part before judgment, and requires that any costs still unpaid at that point be included and specified in the judgment itself.
Full Text of § 874.110
(b) Any costs that remain unpaid shall be included and specified in the judgment.
Plain-English Summary
Costs of partition don't have to wait until the very end of the case. Once the court has apportioned them under § 874.040, subdivision (a) lets it order payment, in whole or in part, before judgment is even entered.
Whatever costs remain unpaid at judgment don't disappear — subdivision (b) requires them to be included and specified in the judgment, which sets up the lien and enforcement mechanisms in §§ 874.120 and 874.140.
Frequently Asked Questions
Do partition costs have to wait until judgment to be collected?
No. The court may order the apportioned costs paid in whole or in part before judgment.
What happens to costs that are still unpaid when judgment is entered?
They must be included and specified in the judgment.
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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