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.
(b) The bids or offers shall be in writing and left at the place designated in the notice at any time after the first publication or, if none, the posting of the notice.
California Code of Civil Procedure § 873.680
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.
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!
