Blog - Page 33 of 43 - Talkov Law Partition Attorneys

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)

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)

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)

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

Code of Civil Procedure 872.820 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 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 divided … Read More

CCP 872.330 Publication; certain defendants; contents Talkov Law

Code of Civil Procedure 872.330 CCP – Publication; certain defendants; contents (Partition Actions)

California Code of Civil Procedure 872.330 is the California partition statute that provides further clarification for a court-ordered service by publication, including defendants that should be named and the property to be included. The statute states that: (a) Where the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. … 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

CCP 872.610 Plaintiff and defendant Talkov Law

Code of Civil Procedure 872.610 CCP – Plaintiff and defendant (Partition Actions)

California Code of Civil Procedure 872.610 is the California partition statute that specifies that the interests of all parties may be tried in the partition action. The statute provides that: The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action. California Code of Civil … Read More

CCP 872.310 Content and service; civil actions; publication Talkov Law

Code of Civil Procedure 872.310 CCP – Content and service; civil actions; publication (Partition Actions)

California Code of Civil Procedure 872.310 is the California partition statute that specifies how a summons for a partition action shall be served upon both named and unnamed parties. The statute provides that: (a) The form, content, and manner of service of summons shall be as in civil actions generally. (b) Service on persons named as parties … Read More