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§ 874.130.Sale of Property For Benefit of Lien

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 874.130 lets a person entitled to a cost lien under this article apply to the court, on a showing of good cause, for an order selling all or part of the property before or after judgment for the benefit of every lien claimant equally, without priority among them.

Full Text of § 874.130

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Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a sale of all or a portion of the property before or after judgment for the benefit of all such lien claimants without priority among them.

Plain-English Summary

A lien under § 874.120 is only as useful as the ability to collect on it, and this section gives lien claimants a way to force the issue. On a showing of good cause, the court can order all or part of the property sold specifically to satisfy the costs those liens secure.

That sale can happen before judgment or after — the timing depends on what the good-cause showing warrants. And when more than one person holds a qualifying lien, the sale benefits all of them without priority among themselves, so the proceeds get shared rather than going first-come-first-served among the various cost-lien holders.

Frequently Asked Questions

Who can ask for a sale to satisfy unpaid partition cost liens?

Any person entitled to a lien imposed under this article.

What must be shown to get that sale ordered?

Good cause.

Can this sale happen before judgment is entered?

Yes, § 874.130 allows the order either before or after 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
Also known as: sale to satisfy partition cost lien californiagood cause sale unpaid partition costs