Under CCP 872.720, if a trial court finds that the parties are entitled to partition, it must enter an interlocutory judgment that (a) determines the interests of the parties in the property, and (b) orders partition. Unless it is to be determined later, the interlocutory judgment should also select the method of partition (i.e., in kind or by sale). Here, the trial court erred by entering an order for sale of the property that was the subject of the partition action but leaving for later the determination of the percentage ownership each party held in the property.
California Court of Appeal, First District, Division 1 (Humes, P.J.); June 1, 2018; 2018 Cal. App. LEXIS 519