California Code of Civil Procedure 874.321.5 – In an action for partition of property, the court may apportion the …
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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.
(Amended by Stats. 2022, Ch. 82, Sec. 11. (AB 2245) Effective January 1, 2023.)
Terms Used In California Code of Civil Procedure 874.321.5
- Action: means an action for partition under this title. See California Code of Civil Procedure 872.010
- Appraisal: A determination of property value.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: includes real and personal property. See California Code of Civil Procedure 872.010