Manner of Partition

Code of Civil Procedure § 873.670 (CCP) – Public Auction; Location; Postponement (Partition Action)

California Code of Civil Procedure 873.670 is the California partition statute that explains the public auction procedure in a partition action in California. The statute provides that: (a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other place as may … Read More

Code of Civil Procedure § 873.660 (CCP) – Securities; Perishable Property; Passage of Title; Proceeds (Partition Action)

California Code of Civil Procedure 873.660 is the California partition statute that discusses securities, perishable property, passage of title, and proceeds in a partition action in California. The statute provides that: (a) The court may order securities listed on an established stock or bond exchange, and personal property that is perishable, that will depreciate in … Read More

Code of Civil Procedure § 873.650 (CCP) – Contents of Notice of Sale (Partition Actions)

California Code of Civil Procedure 873.650 is the California partition statute that explains the content of a notice of sale in a partition action in California. The statute provides that: (a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of … Read More

What is a Partition Action?

A partition action is a lawsuit that forces the sale or division of jointly owned real property. The court will equitably divide the interests of all the co-owners even if one or more co-owners does not agree to the sale or division. This division generally involves division of the proceeds of sale. What is Partition … Read More

Right of First Refusal in a California Partition Action

Right of First Refusal in a California Partition Action

What is a Right of First Refusal in a Partition Action? In a California partition action, a right of first refusal is a right given to co-owners that allows them to purchase their other co-owners’ interests before the property is sold to a third party. This gives all co-owners a chance the resolve the co-ownership … Read More

Code of Civil Procedure 873.690 – Ineligible Purchasers; Bona Fide Purchaser (Partition Actions)

California Code of Civil Procedure 873.690 is the California partition statute that states who is ineligible to purchase the subject property in a partition action: (a) The following persons shall not purchase property sold in the action directly or indirectly: (1) The referee.(2) The attorney of a party.(3) The guardian or conservator of a party, unless for … Read More

Code of Civil Procedure 873.930 CCP – Agreement; Application for Approval (Partition Actions)

California Code of Civil Procedure 873.930 is the California partition statute that allows parties to submit an agreement to the court and gives the court authority to approve that agreement in a partition by appraisal: (a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement. (b) If the court determines … Read More

Code of Civil Procedure 873.950 Motion to Confirm, Modify, or Set Aside Report

Code of Civil Procedure 873.940 CCP – Referees; Appointment; Report (Partition Actions)

California Code of Civil Procedure 873.940 is the California partition statute that allows the court to appoint referees in a partition by appraisal: The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall report the valuations and other findings to the court … Read More

Code of Civil Procedure 873.950 CCP – Motion to Confirm, Modify or Set Aside Report (Partition Actions)

California Code of Civil Procedure 873.950 is the California partition statute that allows parties or the partition referee to confirm, modify, or set aside the report in a partition by appraisal: Any party to the agreement or the referee, upon 10 days’ notice to the referee if the referee is not the moving party and to the … Read More

Code of Civil Procedure 873.290 Confirmation Modification or Setting Aside Report, Hearing, Entry of Judgment in Partition Actions

Code of Civil Procedure 873.290 CCP – Confirmation, Modification or Setting Aside Report; Hearing; Entry of Judgment (Partition In Kind)

California Code of Civil Procedure 873.290 is the California partition statute that allows a party to confirm, modify, or set aside the referee’s report in a partition in kind: (a) Any party, upon notice to the other parties who have appeared, may move the court to confirm, modify, or set aside the report. (b) At the hearing, the court … Read More

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