Code of Civil Procedure 873.810 – Court order of Disbursement (Partition by Sale)

California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that:

The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in court, placed in trust, or invested in State of California or United States government obligations or interest-bearing accounts in an institution whose accounts are insured by an agency of the federal government, to or for the benefit of the persons in interest entitled thereto, as may be appropriate or as specifically provided in this article.

California Code of Civil Procedure 873.810

As a practical matter, this likely means that the proceeds of sale are deposited either with the partition referee, the court, or an attorney trust account. In turn, the funds are disbursed only after an accounting since: “The proceeds of sale for any property sold shall” result in a “Distribution of the residue among the parties in proportion to their shares as determined by the court.”[1]California Code of Civil Procedure 873.820(d) Further, the court will allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties.[2]California Code of Civil Procedure 873.850

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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 nine, 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.

About Scott Talkov

Scott Talkov is California's #1 partition lawyer, having handled over 400 partition actions. He founded Talkov Law Corp. after more than one decade of experience at a California real estate litigation firm, where he served as one of the firm's partners. He has been featured on CNN, ABC 7, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterprise, and in Los Angeles Lawyer Magazine. Scott has been rated by Super Lawyers since 2013. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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