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Code of Civil Procedure § 873.140 (CCP) – Auctioneer (Partition by Sale)


California Code of Civil Procedure 873.140 is the California partition statute that addresses how a partition referee may employ an auctioneer in a partition by sale action in California. The statute provides that:

The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the locality, to conduct a public auction and to secure purchasers by such method for any property to be sold at public auction.

California Code of Civil Procedure § 873.140

In other words, this statute allows the referee to employ an auctioneer with court approval in order to carry out the sale at public auction. See 48 Cal. Jur. 3d Partition § 90.

Law Revision Commission Comments to California Code of Civil Procedure § 873.140

In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.140 as follows:

Section 873.140 is new. It is derived from Probate Code Section 760.5 (sale of tangible personal property of estate).

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!

Attorney Colleen Sparks
About Colleen Talkov

Colleen Talkov is a Partition Attorney at Talkov Law in California. She can be reached at (844) 4-TALKOV (825568) or colleen@talkovlaw.com.

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