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 or parcels of real property be sold separately.
(b) The court may order that the real and personal property or any portion thereof be sold as a unit.California Code of Civil Procedure 873.620
For example, it is not an error to sell the property as a whole instead of selling parcels separately where there is no evidence that the premises consist of distinct parcels or lots, and there is evidence indicating that one parcel is so indivisibly linked with the balance of the property that it cannot be separated without great detriment. [1]48 Cal. Jur. 3d Partition § 87 (citing Sting v. Beckham (4th Dist. 1951) 105 Cal. App. 2d 503.
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
| ↑1 | 48 Cal. Jur. 3d Partition § 87 (citing Sting v. Beckham (4th Dist. 1951) 105 Cal. App. 2d 503. |
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