webpage stats

Code of Civil Procedure 872.830 CCP – Partial Division and Sale (Manner of Partition)

//

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)

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!

References

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”)
2 California Code of Civil Procedure 872.820(b)
Avatar photo
About Talkov Law Partition Attorneys

The partition attorneys at Talkov Law end co-ownership disputes by representing co-owners in real estate partition actions throughout the State of California.

Talkov Law is Rated 5 out of 5 stars based on 70 customer reviews.

Contact Us Today for a Free Consultation & Pay No Legal Fees Until Your Case is Over

Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

    Awards and Recognition

    US News and World Report Scott Talkov

    We Have Been Featured On:

    The Real Deal

    Recent Blog Posts

    The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.