California Partition Law Blog
California Code of Civil Procedure section 872.120 grants the court continuing jurisdiction to hear all motions and issue any necessary decrees in order to fulfill the purpose of the partition title, which aims to provide the court with broad statutory authority.
Code of Civil Procedure section 872.120 states
In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title and to effectuating its decrees and orders. “Action” means an action for partition under this title.
Even when a party finally secures a judgment of partition, the property itself must still be sold (or partitioned in another way). This raises a brand-new set of issues for litigants as they attempt to figure out the terms of sale, when the property should be sold, and, most importantly, the asking price.