Partition by Sale Archives

Code of Civil Procedure 874.240 – Conveyances or Transfers; Conclusiveness (Partition Actions)

California Code of Civil Procedure 874.240 is the California partition statute that solidifies a conveyance or transfer in the same way a judgment would: A conveyance or transfer pursuant to Sections 873.750 and 873.790 or Section 873.960 is binding and conclusive, in the same manner as a judgment. California Code of Civil Procedure § 874.240 Conveyance … Read More

Code of Civil Procedure § 873.270 (CCP) – Combined Interests of Unknown Parties; Property Remains Undivided (Partition In Kind)

California Code of Civil Procedure 873.270 is the California partition statute that addresses the interests of unknown parties in a partition in kind form of a partition action in California. The statute provides that: Where the court has determined the combined interests of two or more unknown parties, the entire portion of the property allocated … Read More

Code of Civil Procedure § 873.530 (CCP) – Public or Private Sale of Part of Property (Partition Actions)

California Code of Civil Procedure 873.530 is the California partition statute that addresses private sale and public auction in a partition action in California. The statute provides that: Part of the property may be sold at public auction and part at private sale if it appears that to do so will be more beneficial to … Read More

Code of Civil Procedure § 873.260 (CCP) – Lien on Undivided Interest; Charge on Allotted Share (Partition In Kind)

California Code of Civil Procedure 873.260 is the California partition statute that addresses the impact of a lien against a co-owner’s interest in a property upon division or sale in a partition action in California. The statute provides that: Where a lien is on an undivided interest of a party, the lien shall, upon division … Read More

Code of Civil Procedure § 873.140 (CCP) – Auctioneer (Partition by Sale)

California Code of Civil Procedure 873.140 is the California partition statute that addresses how a partition referee may employ an auctioneer in a partition by sale action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the … Read More

Code of Civil Procedure § 873.250 (CCP) – Owelty (Partition In Kind)

California Code of Civil Procedure 873.250 is the California partition statute that addresses owelty payments in a partition action involving partition in-kind in California. The statute provides that: (a) Where division cannot be made equally among the parties according to their interests without prejudice to the rights of some, compensation may be required to be … Read More

Can a 1031 Exchange Be Used in a Partition Action in California?

Many co-owners of jointly owned property who are seeking a partition action worry about the issue of capital gains and related tax implications. In other words, they are concerned that ending their co-ownership relationship by forcing the sale of jointly owned property may result in immediate taxes on the profits (gains) from the sale of … Read More

Code of Civil Procedure § 873.680 (CCP) – Private Sale; Time; Bids (Partition Action)

California Code of Civil Procedure 873.680 is the California partition statute that explains the procedure for private sale of real property in a partition action in California. The statute provides that: (a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within … Read More

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