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Code of Civil Procedure 872.430 CCP – Claim for Compensatory Adjustment (Partition Actions)

California Code of Civil Procedure 872.430 is the California partition statute that specifies that claims for compensatory adjustment may be included in the answer. The statute provides that:

The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.

California Code of Civil Procedure 872.430

“Section 872.430…avoids the need of the defendant to file a cross-complaint for affirmative relief. Compare Section 431.30(c) (affirmative relief may not be claimed in the answer).”[1]California Code of Civil Procedure 872.430, Law Revision Commission Comment Such claims for compensatory adjustment arise under CCP 872.140. This means that a cross-complaint is often unnecessary in a partition action.

Indeed: “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.” Code Civ. Proc. § 872.610; see Determination of Interests, 12 Witkin, Summary 11th Real Prop (2022) § 70.

Talkov Law's Partition Attorneys Can Help

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 260 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!

If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.

References

References
1 California Code of Civil Procedure 872.430, Law Revision Commission Comment
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