Sometimes, co-owners wonder if their co-owned property will be sold for fair market value in a partition action, or whether the process will result in a below market sales price. There are many reasons that partition action sales conducted by a partition referee will generally result in the property being sold for fair market value, … 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 873.630 is the California partition statute that describes how and to whom notice of sale of real or personal property should be given. The statute provides that: (a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like … Read More
California Code of Civil Procedure 873.740 is the California partition statute that provides the court with options at a partition sale hearing under California Code of Civil Procedure 873.730 when a bidder (overbidder) makes an increased offer that exceeds the current sales prices. The statute provides that: (a) If at the hearing under Section 873.730 … Read More
California Code of Civil Procedure 873.730 is the California partition statute that explains how a court addresses a partition sale confirmation pursuant to California Code of Civil Procedure 873.720. The statute provides that: (a) At the hearing, the court shall examine the report and witnesses in relation to the report. (b) The court may confirm … Read More
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