Partition Sales

How Realtors Can Force the Sale of Co-Owned Property

How Realtors Can Force the Sale of Co-owned Property in California

Can Realtors assist their clients in selling a co-owned property? As a Realtor, you may have come across situations in which a disagreeable co-owner disrupts an otherwise easy sale. Your client may have his or her heart set on selling the home but is unable to do so without the signature of the uncooperative co-owner. … Read More

Code of Civil Procedure 874.320 Court Ordered Open-Market Sale; Sealed Bids; Auction

Code of Civil Procedure 874.320 CCP – Court ordered open-market sale; sealed bids; auction (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.320 the California partition statute that explains the details of how a court will sell a property under the California Uniform Partition of Heirs Property Act. The statute states the following: (a) If the court orders a sale of heirs property, the sale shall be an open-market sale unless the court finds … Read More

Code of Civil Procedure 873.770 CCP – Taking Setoff from Party Purchaser (Partition Actions)

Code of Civil Procedure 873.770 CCP – Taking Setoff from Party Purchaser (Partition Actions)

California Code of Civil Procedure 873.770 is the California partition statute that explains how the partition referee will distribute proceeds of sale when the purchaser is also a party entitled to some of the proceeds of sale, i.e., when credit bidding may be available. The statute provides that: Where the purchaser is a party or … Read More

CCP 873.830 Setoff in Lieu of Payment of Estate for Life or Years in Partition Actions

Code of Civil Procedure 873.830 – Setoff in Lieu of Payment of Estate for Life or Years (Partition Actions)

California Code of Civil Procedure 873.830 is the California partition statute that authorizes setoff instead of payment. The statute provides that: Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of … Read More

Partition by Sale in California Attorney Partition Lawyer

Partition by Sale in California

What is a Partition by Sale? A partition action is the only court-ordered process in California to bring an end to co-ownership disputes by dividing real estate equitably among co-owners. California law allows for three manners of partition: partition in kind, partition by appraisal, and partition by sale. California partition statutes allow for all three … Read More

CCP 873.820 Application of Proceeds Real Estate Attorney Partition Lawyer

Code of Civil Procedure 873.820 CCP – Application of Proceeds (Partition Actions)

California Code of Civil Procedure 873.820 is the California partition statute that directs the order in which the proceeds of a sale of a property shall be applied. The statute provides that: The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of … Read More

873.630 CCP Credit Sales Talkov Law

Code of Civil Procedure 873.630 CCP – Credit Sales (Partition Actions)

California Code of Civil Procedure 873.630 is the California partition statute that authorizes the court to direct a sale through credit. The statute allows the court to prescribe the terms of the credit and the security instrument used. The statute provides that: The court may: (a) Direct a sale on credit for the property or … Read More

CCP 873.640 Notice of Sale Talkov Law

Code of Civil Procedure 873.640 CCP – Notice of Sale (Partition Actions)

California Code of Civil Procedure 873.630 is the California partition statute that describes how and to whom notice of sale of real or personal property should be given. The statute provides that: (a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like … Read More

CCP 873.740 Hearing, Increased Offer, Action by Court Talkov Law

Code of Civil Procedure 873.740 CCP – Hearing; Increased Offer; Action by Court (Partition Actions)

California Code of Civil Procedure 873.740 is the California partition statute that provides the court with options at a partition sale hearing under California Code of Civil Procedure 873.730 when a bidder (overbidder) makes an increased offer that exceeds the current sales prices. The statute provides that: (a) If at the hearing under Section 873.730 … Read More

CCP 873.730 Hearing, Confirmation of Sale, New Sale Talkov Law

Code of Civil Procedure 873.730 CCP – Hearing; Confirmation of Sale; New Sale (Partition Actions)

California Code of Civil Procedure 873.730 is the California partition statute that explains how a court addresses a partition sale confirmation pursuant to California Code of Civil Procedure 873.720. The statute provides that: (a) At the hearing, the court shall examine the report and witnesses in relation to the report. (b) The court may confirm … Read More

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