California Code of Civil Procedure 873.680 is the California partition statute that explains the procedure for private sale of real property in a partition action in California. The statute provides that:
(a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within one year thereafter.
As a practical matter, property in partition actions are generally sold on the open market through a licensed broker, generally a Realtor in the residential context and commercial broker in the commercial sector. Those sales are generally confirmed by the court without objection by the parties.
Law Revision Commission Comments to California Code of Civil Procedure § 873.680
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.680 as follows:
Section 873.680 continues the substance of the last sentence of former Section 775, which provided for private sale in the manner required in private sales of real property of estates of decedents. Section 873.680 incorporates comparable provisions from Probate Code Sections 782 and 783.
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If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 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!