partition by sale

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

Code of Civil Procedure 873.520 CCP - Public Auction or Private Sale; Determination; Report of Referee (Partition by Sale)

Code of Civil Procedure 873.510 CCP – Sale by Referee (Manner of Sale in Partition Actions)

California Code of Civil Procedure 873.510 is the California partition statute that provides for the manner of sale of partitioned property by the partition referee. The statute provides that: The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided in … Read More

Code of Civil Procedure 872.840 CCP - Property Subject to Express Trust; Division or Sale; Duty of Trustee (Manner of Partition)

Code of Civil Procedure 872.840 CCP – Property Subject to Express Trust; Division or Sale; Duty of Trustee (Manner of Partition)

California Code of Civil Procedure 872.840 is the California partition statute that provides for the partition of property subject to an express trust. The statute provides that: (a) Where the property or an interest therein is subject to an express trust, the court may, in its discretion, order that the property be sold. (b) Upon … Read More

Code of Civil Procedure 872.830 CCP - Partial Division and Sale - Manner of Partition

Code of Civil Procedure 872.830 CCP – Partial Division and Sale (Manner of Partition)

California Code of Civil Procedure 872.830 is the California partition statute that provides for a rare manner of partition whereby part of the property is sold, while the remainder is divided in a partition in kind. The statute provides that: If, in making a determination whether sale would be more equitable than division of the … Read More

Code of Civil Procedure 872.810 CCP - Division in Accordance with Interests - Manner of Partition

Code of Civil Procedure 872.810 CCP – Division in Accordance with Interests (Manner of Partition)

California Code of Civil Procedure 872.810 is the California partition statute that provides for the manner of partition to be the manner set forth in the interlocutory judgment of partition, i.e., partition in kind vs. partition by sale. The statute provides that: The court shall order that the property be divided among the parties in … Read More

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