California Code of Civil Procedure 872.830 is the California partition statute that provides for a rare manner of partition whereby part of the property is sold, while the remainder is divided in a partition in kind. The statute provides that:
If, in making a determination whether sale would be more equitable than division of the property, the court finds that sale and division of proceeds for part of the property would be more equitable than division of the whole property, the court may order that such part be sold and the remainder divided.
California Code of Civil Procedure 872.830
Practically speaking, this statute allows the court to sell part of a property and divide the remainder. For example, perhaps a property includes a single family home with considerable vacant land surrounding the house. Supposing the house is worth more than half of the value of the whole property such that the property cannot be divided by giving one owner the house and the other other the vacant land, it may be appropriate for a court to sell the house, then divide the remaining vacant land equitably between the co-owners.
This statute allows the court to further the general preference for partition in kind since: “Partition in kind is favored in law and in the absence of proof to the contrary the presumption in favor of in kind division will prevail.”[1]Butte Creek Island Ranch v. Crim (1982) 136 Cal.App. 3d 360, 365; see 1976 Law Revision Commission Comment to California Code of Civil Procedure 872.810 (“Section 872.810 continues the … Continue reading
However, this statute is rarely used since most partition actions relate to single-family homes where division of the property is impractical.[2]California Code of Civil Procedure 872.820(b)
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If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.
References
| ↑1 | Butte Creek Island Ranch v. Crim (1982) 136 Cal.App. 3d 360, 365; see 1976 Law Revision Commission Comment to California Code of Civil Procedure 872.810 (“Section 872.810 continues the preference of prior law for partition by division in kind”) |
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| ↑2 | California Code of Civil Procedure 872.820(b) |
