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]
Talkov Law's Partition Attorneys Can Help
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With twelve, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 600 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!
If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (877) PARTITION (727-8484) or sending us a message today.
References
| ↑1 | 48 Cal. Jur. 3d Partition § 87 (citing Sting v. Beckham (4th Dist. 1951) 105 Cal. App. 2d 503. |
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