ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010. - 874.050.]

Law Codes -> Code of Civil Procedure -> Article 874.010 to 874.050

• 874.010.

  The costs of partition include:

  (a)Reasonable attorney's fees incurred or paid by a party for the common benefit.

  (b)The fee and expenses of the referee.

  (c)The compensation provided by contract for services of a surveyor or other person employed by the referee in the action.

  (d)The reasonable costs of a title report procured pursuant to Section 872.220 with interest thereon at the legal rate from the time of payment or, if paid before commencement of the action, from the time of commencement of the action.

  (e)Other disbursements or expenses determined by the court to have been incurred or paid for the common benefit.

• 874.020.

  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.

• 874.030.

  Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the time of making such disbursements.

• 874.040.

  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.

• 874.050.

  (a)The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest.

  (b)Where the court orders payment pursuant to this section, such payment is subject to a right of reimbursement, with interest at the legal rate, secured by a charge upon the future interest.