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 the sale notwithstanding a variance from the prescribed terms of sale if to do so will be beneficial to the parties and will not result in substantial prejudice to persons interested in the sale.

(c) The court may vacate the sale and direct that a new sale be made if it determines any of the following:

(1) The proceedings were unfair or notice of sale was not properly given. If there is no finding at the hearing of unfairness or improper notice, the sale may thereafter not be attacked on such grounds.

(2) The sale price is disproportionate to the value of the property.

(3) It appears that a new sale will yield a sum that exceeds the sale price by at least 10 percent on the first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, determined after a reasonable allowance for the expenses of a new sale.[1]California Code of Civil Procedure 873.730

Generally, this means that the partition sale will be approved absent a showing of unfairness. Given the procedural safeguards already in place, the proposed buyer is often paying close to the market price, at least for easily marketable single-family homes.

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.

  • Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California LawCivil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law
    By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in…
  • The Ultimate Glossary of Partition Action TermsThe Ultimate Glossary of Partition Action Terms
    A partition action is the only court-ordered process to separate joint owners’ respective interests in California real estate. This process can be long, tedious, and difficult, but the attorneys at Talkov Law are here to help. They have provided this…
  • Co-Owner’s Rights to Lease and Evict TenantsCo-Owner’s Rights to Lease and Evict Tenants
    A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows a third party to lease the co-owned property without the consent or over the objection of the other co-owners. As…
  • What is an Ouster?What is an Ouster?
    Co-ownership of property can raise many questions about the rights of each owner to the common property. Conversely, that co-ownership relationship can sour, causing one co-owner to seek the benefits of sole ownership- the right to exclude others- without the…
  • How to Win a Partition ActionHow to Win a Partition Action
    The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real…
  • Absolute Right to Partition in CaliforniaAbsolute Right to Partition in California
    One of the most common questions raised by co-owners of real property in California is how to force the sale of the property when the co-owners do not agree. California Code of Civil Procedure Section 872.210 allows a co-owner to…
  • If I Leave the Property, Do I Forfeit Co-Ownership Rights?If I Leave the Property, Do I Forfeit Co-Ownership Rights?
    As partition attorneys, property co-owners frequently ask if ownership rights can be forfeited by a co-owner moving out of (“abandoning”) the property. More specifically, co-owners want to know if they would give up their ownership rights to a co-owned property…
  • Reimbursement for Improvements in Partition ActionsReimbursement for Improvements in Partition Actions
    Compensation for Improvements When Ending Co-Ownership of Real Property California law allows for compensation for improvements made by one co-owner in partition actions. However, the circumstances in which an offset will be awarded vary with courts also creating varying rulings…

References

References
1 California Code of Civil Procedure 873.730
About Talkov Law

The attorneys at Talkov Law practice real estate law, family law, business law, bankruptcy law, and trust & probate law. Our experienced lawyers specialize in assisting all parties involved in these civil disputes by providing the best legal representation.

Contact us to schedule your complimentary consultation.

Super Lawyers
US News and World Report Scott Talkov
Scott Talkov Three Best Rated 2021

Recent Blog Posts