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Partition Sales

Will a Partition Sale Yield Fair Market Value for a Property?

Sometimes, co-owners wonder if their co-owned property will be sold for fair market value in a partition action, or whether the process will result in a below market sales price. There are many reasons that partition action sales conducted by a partition referee will generally result in the property being sold for fair market value, … Read More

SB 9 Lot Splits in a Partition Action

Prior to California’s enactment of SB 9, also known as the California HOME Act, a single-family home in a partition action would almost certainly be sold since division of the property would not be allowed under zoning laws requiring certain lot sizes. However, SB 9, which became effective in 2022, mandates that cities approve certain … Read More

Code of Civil Procedure § 873.760 (CCP) – Failure of Purchaser to Pay Sale Price; Liability of Purchaser; Relief (Partition Actions)

California Code of Civil Procedure 873.760 is the California partition statute that explains what a party or the partition referee can do in case a purchaser does not follow through with purchasing the house. The statute provides that: If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser … Read More

Code of Civil Procedure 873.750 CCP – Confirmation of Sale; Duties of Referee (Partition Actions)

California Code of Civil Procedure 873.750 is the California partition statute that gives the court the authority to order that the partition referee consummate the sale of the property. The statute provides that: (a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to … Read More

Code of Civil Procedure 873.745 CCP – Commissions of Agents (Partition Actions)

California Code of Civil Procedure 873.745 is the California partition statute that gives the court authority to fix, limit, or divide agents’ commissions. The statute provides that: The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of … Read More

Code of Civil Procedure 873.790 – Execution of Conveyance or Transfer; Recordation (Partition Sales)

California Code of Civil Procedure 873.790 is the California partition statute that addresses the execution of conveyance by the partition referee upon sale of the property in a partition action. The statute provides that: (a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser. (b) … Read More

Code of Civil Procedure 873.780 – Closing of Sale After Confirmation; Adjustments; Order (Partition Sales)

California Code of Civil Procedure 873.780 is the California partition statute that states that the court may adjust the terms of sale in a partition action. The statute provides that: The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree … Read More

Code of Civil Procedure § 873.080 (CCP) – Designation of Public and Private Ways (Partition Referees)

California Code of Civil Procedure 873.080 is the California partition statute that gives partition referees the authority to designate a portion of a property as a road or close roads as he or she sees fit. The statute provides that: (a) In selling or dividing the property, the referee may, if it will be for … Read More

Code of Civil Procedure § 873.030 (CCP) – Appointment; Three Referees (Costs of Partition)

California Code of Civil Procedure 873.030 is the California partition statute that addresses the court’s power to appoint three partition referees. The statute provides that: (a) The court may, with the consent of the parties, appoint three referees to divide or sell the property as ordered by the court. (b) The three referees so appointed … Read More

Code of Civil Procedure § 873.020 (CCP) – Appointment; One or More (Partition Referees)

California Code of Civil Procedure 873.020 is the California partition statute that addresses the court’s power to appoint multiple partition referees. The statute provides that: The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both. California Code of Civil Procedure § … Read More

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