California Code of Civil Procedure § 873.510 – Sale of Property by a Partition Referee
Code of Civil Procedure section 873.510 sets how the court-appointed partition referee makes the sale of the property.
Code of Civil Procedure section 873.510 sets how the court-appointed partition referee makes the sale of the property.
Code of Civil Procedure section 872.840 explains how property subject to an express trust can be divided or sold in a partition, and the trustee’s duties.
Code of Civil Procedure section 872.830 allows a rare type of partition where part of the property is sold and the rest is divided in kind.
Code of Civil Procedure section 872.810 requires the property to be divided according to the parties’ interests as set in the interlocutory judgment.
Code of Civil Procedure section 872.820 allows the court to order a partition by sale when a sale would be more equitable than dividing the property.
Code of Civil Procedure section 872.330 lets a court-ordered publication in a partition name only the defendants being served that way and limits any default judgment to what was published.
Code of Civil Procedure section 873.010 directs the court to appoint a partition referee to divide or sell the property, and describes the referee’s powers and duties.
Code of Civil Procedure section 872.610 provides that the interests of all parties, plaintiff and defendant alike, may be tried and decided in the partition action.
Code of Civil Procedure section 872.310 sets the rules for serving the summons in a partition action. Known co-owners are served as in any civil case, while unknown defendants may be served by publication.
Code of Civil Procedure section 872.320 sets three conditions when a court orders service by publication in a partition: posting on the property, recording a lis pendens, and describing the property.