Section 916. Interlocutory judgment directing partial partition  


Latest version.
  • Where the
      right, share and interest of a  party  has  been  ascertained,  and  the
      rights,  shares  or interests of the other parties as between themselves
      remain unascertained, an interlocutory judgment for  a  partition  shall
      direct  a  partition  as  between  the  party  whose  share  has been so
      determined and the other parties to the action. Where the rights, shares
      and interests of two or more parties  have  been  thus  ascertained  and
      determined,  the  interlocutory  judgment  may also direct the partition
      among them of a part of the property proportionate  to  their  aggregate
      shares.    In  either  case,  the court, from time to time, as the other
      rights,  shares  and  interests   are   ascertained,   may   render   an
      interlocutory  judgment  directing the partition, in like manner, of the
      remainder of the property.  Where an interlocutory judgment is  rendered
      in  a case specified in this section, the court may direct the action to
      be severed, and final judgment  to  be  rendered  with  respect  to  the
      portion  of  the  property set apart to the parties whose rights, shares
      and interests are determined, leaving the action to proceed  as  against
      the  other parties with respect to the remainder of the property; and if
      necessary, the court may direct that one of those parties be substituted
      as plaintiff.