partition by sale

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 873.740 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

CCP 873.620 Sale of Property Separately or as a Unit Talkov Law

Code of Civil Procedure 873.620 CCP – Sale of Property Separately or as Unit (Partition Actions)

California Code of Civil Procedure 873.620 is the California partition statute that provides for the preference for the sale of property in distinct lots over selling as a unit . The statute provides that: (a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots … Read More

CCP 873.610 Manner, terms and conditions consistent with chapter; recommendations of referee Talkov Law

Code of Civil Procedure 873.610 CCP – Manner, Terms and Conditions Consistent with Chapter; Recommendations of Referee (Partition Actions)

California Code of Civil Procedure 873.610 is the California partition statute that allows the court to set the manner, terms and conditions of sale, along with allowing the court to allow the referee to make recommendations related thereto. The statute provides that: (a) The court may, at the time of trial or thereafter, prescribe such … Read More

CCP 873.600 Order of court; methods and terms; agreement of parties Talkov Law

Code of Civil Procedure 873.600 CCP – Order of Court; Methods and Terms; Agreement of Parties (Partition Actions)

California Code of Civil Procedure 873.600 is the California partition statute that requires the Court to sell the property in the partition by sale in the manner and upon the terms agreed to by the parties to the partition action. The statute provides that: Notwithstanding any other provision of this title, the court shall order … Read More

CCP 873.810 Court order of disbursement Talkov Law

Code of Civil Procedure 873.810 – Court order of Disbursement (Partition by Sale)

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: The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in … Read More

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

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