In an action for partition of property, the court may apportion the costs of partition, including an appraisal fee, pursuant to Section 874.040, except that the court shall not apportion the costs of partition to any party that opposes the partition unless doing so is equitable and consistent with the purposes of this chapter.
§ 874.321.5.Court May Apportion the Costs of Partition
Title 10.5. Partition of Real and Personal Property · Chapter 10. Partition of Real Property Act · Last amended 2023 · Last verified July 28, 2026
In one sentenceSection 874.321.5 lets the court apportion the costs of partition, including an appraisal fee, under the general rule of § 874.040, but bars apportioning those costs to a cotenant who opposed the partition unless doing so is equitable and consistent with this chapter's purposes.
Full Text of § 874.321.5
Plain-English Summary
Litigation under this chapter isn't free — appraisals, brokers, and referees all cost money — and this section decides who ends up paying for it. The starting point is the same general rule as any other partition action: the court apportions the costs of partition, including an appraisal fee, following § 874.040.
What's different here is a protective limit built for this chapter's purposes. A cotenant who opposed the partition can't be charged a share of those costs unless doing so would be equitable and consistent with the purposes of this chapter. For a cotenant who fought to keep the property rather than sell or divide it, that limit guards against being saddled with the very costs of a proceeding brought over that cotenant's objection.
Frequently Asked Questions
Does the general cost-apportionment rule in § 874.040 apply to a Partition of Real Property Act case?
Yes, but with one added protection specific to this chapter.
Can the court make a cotenant who opposed the partition pay a share of its costs?
Only if doing so would be equitable and consistent with this chapter's purposes; otherwise that cotenant is shielded from those costs.
Amendment History
Amended by Stats 2022 ch 82 (AB 2245),s 11, eff. 1/1/2023. Added by Stats 2021 ch 119 (AB 633),s 2, eff. 1/1/2022.
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 apportionment partition real property act californiaappraisal fee cotenant opposing partition