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Partition Action In California, Attorney fees go to Plaintiff?

Fresno, CA |

In a partition action do each pay their own legal fees or the plaintiff gets his paid by the defendant?

Attorney Answers 1


In CA fees and costs of petition actions are governed by C.C.P. section 874.010 et seq. “Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” 874.040.

The costs of partition include reasonable attorney's fees incurred by a party for the common benefit, the fee and expenses of the referee and persons employed by the referee, the costs of a title report, and other expenses determined by the court to be incurred for the common beneft.

“The costs of partition include reasonable expenses, including attorney's fees, necessarily incurred by a party for the common benefit in prosecuting or defending other actions or other proceedings for the protection, confirmation, or perfection of title, setting the boundaries, or making a survey of the property, with
interest thereon at the legal rate from the time of making the expenditures.” 874.020

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