Partition Procedures

CCP 873.850 Continuance of action between parties if proceeds not allocated; determination Talkov Law

Code of Civil Procedure 873.850 – Continuance of Action Between Parties if Proceeds Not Allocated; Determination (Partition Actions)

California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: When the proceeds of the sale belonging to persons who are parties to the action, whether known or … Read More

Code of Civil Procedure 873.520 CCP - Public Auction or Private Sale; Determination; Report of Referee (Partition by Sale)

Code of Civil Procedure 873.520 CCP – Public Auction or Private Sale; Determination; Report of Referee (Partition by Sale)

California Code of Civil Procedure 873.520 is the California partition statute that allows the court to determine whether the property should be sold either at a public auction or through a private sale. The statute provides that: The property shall be sold at public auction or private sale as the court determines will be more … Read More

Manner of Partition Actions (By Sale, In Kind, & By Appraisal)

Manner of Partition Actions (By Sale, In Kind, & By Appraisal)

California law provides for 3 distinct types of partition actions: 1) Partition by Sale, 2) Partition in Kind, and 3) Partition by Appraisal.[1]California Code of Civil Procedure 872.810 – 872.840 By far the most common form is a partition by sale, followed by a partition by division (in kind) and a partition by appraisal. As … Read More

Code of Civil Procedure 873.520 CCP - Public Auction or Private Sale; Determination; Report of Referee (Partition by Sale)

Code of Civil Procedure 873.510 CCP – Sale by Referee (Manner of Sale in Partition Actions)

California Code of Civil Procedure 873.510 is the California partition statute that provides for the manner of sale of partitioned property by the partition referee. The statute provides that: The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided in … Read More

Code of Civil Procedure 872.840 CCP - Property Subject to Express Trust; Division or Sale; Duty of Trustee (Manner of Partition)

Code of Civil Procedure 872.840 CCP – Property Subject to Express Trust; Division or Sale; Duty of Trustee (Manner of Partition)

California Code of Civil Procedure 872.840 is the California partition statute that provides for the partition of property subject to an express trust. The statute provides that: (a) Where the property or an interest therein is subject to an express trust, the court may, in its discretion, order that the property be sold. (b) Upon … Read More

Code of Civil Procedure 872.830 CCP - Partial Division and Sale - Manner of Partition

Code of Civil Procedure 872.830 CCP – Partial Division and Sale (Manner of Partition)

California Code of Civil Procedure 872.830 is the California partition statute that provides for a rare manner of partition whereby part of the property is sold, while the remainder is divided in a partition in kind. The statute provides that: If, in making a determination whether sale would be more equitable than division of the … Read More

Code of Civil Procedure 872.810 CCP - Division in Accordance with Interests - Manner of Partition

Code of Civil Procedure 872.810 CCP – Division in Accordance with Interests (Manner of Partition)

California Code of Civil Procedure 872.810 is the California partition statute that provides for the manner of partition to be the manner set forth in the interlocutory judgment of partition, i.e., partition in kind vs. partition by sale. The statute provides that: The court shall order that the property be divided among the parties in … Read More

Code of Civil Procedure 872.820 CCP – Sale of Property; Division of Proceeds - Manner of Partition

Code of Civil Procedure 872.820 CCP – Sale of Property; Division of Proceeds (Manner of Partition)

California Code of Civil Procedure 872.820 is the California partition statute that provides for the manner of partition to be partition by sale so long as the it would be more equitable than partition in kind. The statute provides that: Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be … Read More

CCP 872.330 Publication; certain defendants; contents Talkov Law

Code of Civil Procedure 872.330 CCP – Publication; certain defendants; contents (Partition Actions)

California Code of Civil Procedure 872.330 is the California partition statute that provides further clarification for a court-ordered service by publication, including defendants that should be named and the property to be included. The statute states that: (a) Where the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. … Read More

CCP 873.010 Appointment; power and duty of court Talkov Law

Code of Civil Procedure 873.010 CCP – Appointment; power and duty of court (Partition Actions)

California Code of Civil Procedure 873.010 is the California partition statute that describes the power and duty of a partition referee as appointed by the court. The statute provides that: (a) The court shall appoint a referee to divide or sell the property as ordered by the court.(b) The court may: (1) Determine whether a … Read More

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