Partition by Sale

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 873.620 Sale of Property Separately or as a Unit Talkov Law

Code of Civil Procedure 873.620 CCP – Sale of Property Separately or as Unit (Partition Actions)

California Code of Civil Procedure 873.620 is the California partition statute that provides for the preference for the sale of property in distinct lots over selling as a unit . The statute provides that: (a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots … Read More

CCP 873.610 Manner, terms and conditions consistent with chapter; recommendations of referee Talkov Law

Code of Civil Procedure 873.610 CCP – Manner, Terms and Conditions Consistent with Chapter; Recommendations of Referee (Partition Actions)

California Code of Civil Procedure 873.610 is the California partition statute that allows the court to set the manner, terms and conditions of sale, along with allowing the court to allow the referee to make recommendations related thereto. The statute provides that: (a) The court may, at the time of trial or thereafter, prescribe such … Read More

CCP 873.600 Order of court; methods and terms; agreement of parties Talkov Law

Code of Civil Procedure 873.600 CCP – Order of Court; Methods and Terms; Agreement of Parties (Partition Actions)

California Code of Civil Procedure 873.600 is the California partition statute that requires the Court to sell the property in the partition by sale in the manner and upon the terms agreed to by the parties to the partition action. The statute provides that: Notwithstanding any other provision of this title, the court shall order … 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 873.520 CCP – Public Auction or Private Sale; Determination; Report of Referee (Partition by Sale)

California Code of Civil Procedure 873.520 is the California partition statute that allows the court to determine whether the property should be sold either at a public auction or through a private sale. The statute provides that: The property shall be sold at public auction or private sale as the court determines will be more … 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 872.820 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

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