partition referee

How Realtors Can Force the Sale of Co-Owned Property

How Realtors Can Force the Sale of Co-owned Property in California

Can Realtors assist their clients in selling a co-owned property? As a Realtor, you may have come across situations in which a disagreeable co-owner disrupts an otherwise easy sale. Your client may have his or her heart set on selling the home but is unable to do so without the signature of the uncooperative co-owner. … Read More

Code of Civil Procedure 874.320 Court Ordered Open-Market Sale; Sealed Bids; Auction

Code of Civil Procedure 874.320 CCP – Court ordered open-market sale; sealed bids; auction (Partition Actions)

California Code of Civil Procedure 874.320 the California partition statute that explains the details of how a court will sell a property under the California Uniform Partition of Heirs Property Act. The statute states the following: (a) If the court orders a sale of heirs property, the sale shall be an open-market sale unless the court finds … Read More

Code of Civil Procedure CCP 873.210 Division by Referee

Code of Civil Procedure 873.210 CCP – Division by Referee (Partition Actions)

California Code of Civil Procedure 873.210 is the California partition statute that describes how the partition referee will physically divide and distribute the property in relation to the parties’ interest in the property. The statute states: The referee appointed by the court to make a division of the property shall divide the property and allot … Read More

Code of Civil Procedure 874.315 Referees Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.315 CCP – Referees (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.315 is the California partition statute that sets forth the role of the referee in the Uniform Partition of Heirs Property Act. The statute states the following: If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be … Read More

California Code of Civil Procedure 873.710 Report of Sale by Referee, Contents in Partition Actions

Code of Civil Procedure 873.710 CCP – Report of Sale by Referee; Contents (Partition Actions)

California Code of Civil Procedure 873.710 is the California partition statute that lays out what information should be included in a referee’s report. The statute states that a referee’s report written by a partition referee should have: (a) Upon making a sale of property, the referee shall report the sale to the court. (b) The … Read More

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 873.730 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 873.810 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

Code of Civil Procedure 872.820 CCP – Sale of Property; Division of Proceeds - Manner of Partition

Code of Civil Procedure 872.820 CCP – Sale of Property; Division of Proceeds (Manner of Partition)

California Code of Civil Procedure 872.820 is the California partition statute that provides for the manner of partition to be partition by sale so long as the it would be more equitable than partition in kind. The statute provides that: Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be … Read More

CCP 873.010 Appointment; power and duty of court Talkov Law

Code of Civil Procedure 873.010 CCP – Appointment; power and duty of court (Partition Actions)

California Code of Civil Procedure 873.010 is the California partition statute that describes the power and duty of a partition referee as appointed by the court. The statute provides that: (a) The court shall appoint a referee to divide or sell the property as ordered by the court.(b) The court may: (1) Determine whether a … Read More

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