California Code of Civil Procedure 873.630 is the California partition statute that describes how and to whom notice of sale of real or personal property should be given. The statute provides that:
(a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like property upon execution. Such notice shall also be given to every party who has appeared in the action and to such other interested persons as may have in writing requested the referee for special notice.
(b) Where real and personal property are to be sold as a unit, notice of the sale may be in the manner required for notice of sale of real property alone.
(c) The court may order such additional notice as it deems proper.
(d) Where the court orders a new sale of property pursuant to Section 873.730 or Section 873.740, notice of sale shall be as provided in this section.
California Code of Civil Procedure 873.640
To prevent “the burden of widespread notice to persons who may have no interest”, CCP 873.640 subsection (a) requires notice be given “to parties who have appeared and to other interested persons who have requested notice” rather than to all persons with a connection to the property.[1]California Code of Civil Procedure 873.640, Law Revision Commission Comments However, providing “inadequate notice of sale to the parties or persons who have requested notice may be a ground for setting aside the sale.”[2] California Code of Civil Procedure 873.640, Law Revision Commission Comments. See Section 873.730 Furthermore, CCP 873.640’s requirements applies to both public and private sale. [3]Cummings v. Dessel (2017)13 Cal. App. 5th 589, 599.
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 eight, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 430 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 (844) 4-TALKOV (825568) or sending us a message today.
References
