Real Property, Partition, Standing To Seek, Ownership of Interest in Property, 1, 3
Under CCP 872.210, a partition action may be brought only by an owner of an estate of inheritance in the property to e partitioned. This decision holds that heirs of a deceased owner of a 50% interest in the property filed and won their partition action before they became owners. The decedent died intestate. The probate court had not yet determined to whom the property devolved, and there was a chance it could conclude that the property did not go to the plaintiff heirs. So the partition judgment is reversed due to the heirs lack of standing to bring the suit.