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 874.320 the California partition statute that explains the details of how a court will sell a property under the California Partition of Real Property Act. The statute states the following: (a) If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a … Read More
California Code of Civil Procedure 873.770 is the California partition statute that explains how the partition referee will distribute proceeds of sale when the purchaser is also a party entitled to some of the proceeds of sale, i.e., when credit bidding may be available. The statute provides that: Where the purchaser is a party or … 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
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