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

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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 property upon execution. Such notice shall also be given to every party who has appeared in the action and to such other interested persons as may have in writing requested the referee for special notice.

(b) Where real and personal property are to be sold as a unit, notice of the sale may be in the manner required for notice of sale of real property alone.

(c) The court may order such additional notice as it deems proper.

(d) Where the court orders a new sale of property pursuant to Section 873.730 or Section 873.740, notice of sale shall be as provided in this section.[1]California Code of Civil Procedure 873.640.

To prevent “the burden of widespread notice to persons who may have no interest”, CCP 873.640 subsection (a) requires notice be given “to parties who have appeared and to other interested persons who have requested notice” rather than to all persons with a connection to the property.[2]California Code of Civil Procedure 873.640, Law Revision Commission Comments However, providing “inadequate notice of sale to the parties or persons who have requested notice may be a ground for setting aside the sale.”[3] California Code of Civil Procedure 873.640, Law Revision Commission Comments. See Section 873.730 Furthermore, CCP 873.640’s requirements applies to both public and private sale. [4]Cummings v. Dessel (2017)13 Cal. App. 5th 589, 599.

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) 482-5568 or fill out a contact form online.

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References

References
1 California Code of Civil Procedure 873.640.
2 California Code of Civil Procedure 873.640, Law Revision Commission Comments
3 California Code of Civil Procedure 873.640, Law Revision Commission Comments. See Section 873.730
4 Cummings v. Dessel (2017)13 Cal. App. 5th 589, 599.
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