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 any part thereof.
(b) Prescribe such terms of credit as may be appropriate.
(c) Approve or prescribe the terms of security to be taken upon the sale, including the manner in which title to the security is to be taken, whether in a single instrument or several instruments, according to the interests of the parties.
California Code of Civil Procedure 873.630
However, if the court does not “prescribe the terms of credit, the referee may accept offers which propose varying terms.”California Code of Civil Procedure 873.630, Law Revision Commission Comments Furthermore, if the owners of the property sold are “minors or unknown owners, the court may direct a trustee or other fiduciary to hold the security for them and act on their behalf.” California Code of Civil Procedure 873.630, Law Revision Commission Comments. See California Code of Civil Procedure 873.810
Contact an Experienced Partition Attorney in California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15 minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.