Partition Statutes

CCP 873.830 Setoff in Lieu of Payment of Estate for Life or Years in Partition Actions

Code of Civil Procedure 873.830 – Setoff in Lieu of Payment of Estate for Life or Years (Partition Actions)

California Code of Civil Procedure 873.830 is the California partition statute that authorizes setoff instead of payment. The statute provides that: Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of … Read More

Code of Civil Procedure 873.840 – Treatment of Successive Estates in Partition Actions Talkov Law

Code of Civil Procedure 873.840 – Treatment of Successive Estates (Partition Actions)

California Code of Civil Procedure 873.840 is the California partition statute that describes the treatment of successive estates in partition actions. The statute provides that: (a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for … Read More

Code of Civil Procedure 872.240 Joinder of Property

Code of Civil Procedure 872.240 CCP – Joinder of Property (Partition Actions)

California Code of Civil Procedure 872.240 is the California partition statute that allows joinder of real and personal property division such that they can be divided in a single partition action. The statute provides that: Real and personal property may be partitioned in one action. California Code of Civil Procedure 872.240 In a partition action, … Read More

CCP 873.820 Application of Proceeds Real Estate Attorney Partition Lawyer

Code of Civil Procedure 873.820 CCP – Application of Proceeds (Partition Actions)

California Code of Civil Procedure 873.820 is the California partition statute that directs the order in which the proceeds of a sale of a property shall be applied. The statute provides that: The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of … Read More

873.630 CCP Credit Sales Talkov Law

Code of Civil Procedure 873.630 CCP – Credit Sales (Partition Actions)

California Code of Civil Procedure 873.630 is the California partition statute that authorizes the court to direct a sale through credit. The statute allows the court to prescribe the terms of the credit and the security instrument used. The statute provides that: The court may: (a) Direct a sale on credit for the property or … Read More

CCP 873.640 Notice of Sale Talkov Law

Code of Civil Procedure 873.640 CCP – Notice of Sale (Partition Actions)

California Code of Civil Procedure 873.630 is the California partition statute that describes how and to whom notice of sale of real or personal property should be given. The statute provides that: (a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like … Read More

CCP 873.740 Hearing, Increased Offer, Action by Court Talkov Law

Code of Civil Procedure 873.740 CCP – Hearing; Increased Offer; Action by Court (Partition Actions)

California Code of Civil Procedure 873.740 is the California partition statute that provides the court with options at a partition sale hearing under California Code of Civil Procedure 873.730 when a bidder (overbidder) makes an increased offer that exceeds the current sales prices. The statute provides that: (a) If at the hearing under Section 873.730 … Read More

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 872.420 Lien claim; Date; Amount Talkov Law

Code of Civil Procedure 872.420 CCP – Lien Claim; Date; Amount (Partition Actions)

California Code of Civil Procedure 872.420 is the California partition statute that specifies what must be disclosed in an answer to partition when a defendant has or claims a lien on a property. The statute provides that: Where the defendant has or claims a lien on the property, the answer shall set forth the date … 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

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Los Angeles Partition Attorneys
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Orange County Partition Attorneys
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San Jose Partition Attorneys
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San Francisco Partition Attorneys
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San Francisco, CA 94111
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Riverside Partition Attorneys
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Riverside, CA 92506
Phone: (951) 888-3300

Sacramento Partition Attorneys
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Sacramento, CA 95814
Phone: (916) 668-3300

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