California Code of Civil Procedure 873.040 is the California partition statute that explains that all parties (or if a party is a minor, the conservator of the minor’s estate) should consent to the appointment of a partition referee. If the parties cannot agree, the court has discretion to appoint a referee. The statute provides that: … Read More
How is the sale of a California property conducted in a partition action? Throughout the process of a partition action in California, the end goal is almost always to force the sale of jointly owned property. With the court ordering the sale, it can be confusing how it goes about doing this. How exactly is … Read More
California Code of Civil Procedure 873.610 is the California partition statute that allows the court to set the manner, terms and conditions of sale, along with allowing the court to allow the referee to make recommendations related thereto. The statute provides that: (a) The court may, at the time of trial or thereafter, prescribe such … Read More
California Code of Civil Procedure 873.600 is the California partition statute that requires the Court to sell the property in the partition by sale in the manner and upon the terms agreed to by the parties to the partition action. The statute provides that: Notwithstanding any other provision of this title, the court shall order … Read More
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