Section 981. Costs and expenses  


Latest version.
  • 1. The final judgment for the partition of
      the property must also award that each defendant pay  to  the  plaintiff
      his  proportion  of  the  plaintiff's  costs,  including  the additional
      allowance. The sum to be paid  by  each  must  be  fixed  by  the  court
      according  to the respective rights of the parties, and specified in the
      judgment.
        2. If a defendant is unknown, his proportion of  the  costs  shall  be
      fixed  and  specified  in  like  manner. An execution against an unknown
      defendant may be issued to collect the costs awarded against him  as  if
      he  were  named in the judgment; and his right, share or interest in the
      property may be sold by virtue thereof  as  if  he  were  named  in  the
      execution.
        3.  Where  final  judgment confirming a sale is rendered, the costs of
      each party to the action and the expenses of  the  sale,  including  the
      officer's  fees,  shall  be  deducted  from the proceeds of the sale and
      distributed as the court shall order. But the court, in its  discretion,
      may  direct that the costs and expenses of any trial, reference or other
      proceeding in the action be paid out of the share of any  party  in  the
      proceeds,  or  may  render  judgment against any party therefor. Where a
      proportion of the proceeds is to be paid to or invested for the  benefit
      of  any  person,  as  prescribed  in  any provision of this article, the
      amount thereof must be determined by the residue of the entire  proceeds
      remaining  after  deducting  the  costs  and expenses chargeable against
      them.
        4. The officer making the sale shall pay out of the  proceeds,  unless
      the  judgment otherwise directs, all taxes, assessments and water rates,
      which are liens upon the property sold, and  redeem  the  property  sold
      from  any sales for unpaid taxes, assessments or water rates, which have
      not apparently  become  absolute.  The  sums  necessary  to  make  those
      payments and redemptions are deemed expenses of the sale.
        5. After actual partition, the fees and expenses of the commissioners,
      including  the expense of a survey when it is made, shall be taxed under
      the direction of the court, and the amount thereof shall be paid by  the
      plaintiff and allowed as part of his costs.
        6.  Fees of surveyor or commissioner in action for partition. The fees
      of a surveyor and a surveyor's assistant, employed as prescribed by  law
      in  an  action  for  partition,  and  of  a  commissioner  appointed  as
      prescribed by law to make partition, shall be the same as those provided
      by section 1052 of this chapter for services rendered in an  action  for
      dower.