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 873.740 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 873.610 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
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