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
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
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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