CCP 872.830

Code of Civil Procedure § 873.020 (CCP) – Appointment; One or More (Partition Referees)

California Code of Civil Procedure 873.020 is the California partition statute that addresses the court’s power to appoint multiple partition referees. The statute provides that: The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both. California Code of Civil Procedure § … Read More

Code of Civil Procedure 872.840 CCP - Property Subject to Express Trust; Division or Sale; Duty of Trustee (Manner of Partition)

Code of Civil Procedure 872.840 CCP – Property Subject to Express Trust; Division or Sale; Duty of Trustee (Manner of Partition)

California Code of Civil Procedure 872.840 is the California partition statute that provides for the partition of property subject to an express trust. The statute provides that: (a) Where the property or an interest therein is subject to an express trust, the court may, in its discretion, order that the property be sold. (b) Upon … Read More

Code of Civil Procedure 872.830 CCP - Partial Division and Sale - Manner of Partition

Code of Civil Procedure 872.830 CCP – Partial Division and Sale (Manner of Partition)

California Code of Civil Procedure 872.830 is the California partition statute that provides for a rare manner of partition whereby part of the property is sold, while the remainder is divided in a partition in kind. The statute provides that: If, in making a determination whether sale would be more equitable than division of the … Read More

Code of Civil Procedure 872.810 CCP - Division in Accordance with Interests - Manner of Partition

Code of Civil Procedure 872.810 CCP – Division in Accordance with Interests (Manner of Partition)

California Code of Civil Procedure 872.810 is the California partition statute that provides for the manner of partition to be the manner set forth in the interlocutory judgment of partition, i.e., partition in kind vs. partition by sale. The statute provides that: The court shall order that the property be divided among the parties in … Read More

Code of Civil Procedure 872.820 Sale of Property Division of Proceeds Manner of Partition

Code of Civil Procedure 872.820 CCP – Sale of Property; Division of Proceeds (Manner of Partition)

California Code of Civil Procedure 872.820 is the California partition statute that provides for the manner of partition to be partition by sale so long as it would be more equitable than partition in kind. The statute provides that: Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be divided … Read More

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