Can I Force the Sale of Inherited Property? Understanding exactly what to do after a close family member passes away is one of the most difficult things someone can go through. Before asking whether both owners have to sign to sell a house, a whirlwind of confusion and sadness makes decision making near impossible, especially … Read More
California Code of Civil Procedure 873.820 is the California partition statute that directs the order in which the proceeds of a sale of a property shall be applied. The statute provides that: The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of … Read More
California Code of Civil Procedure 873.630 is the California partition statute that authorizes the court to direct a sale through credit. The statute allows the court to prescribe the terms of the credit and the security instrument used. The statute provides that: The court may: (a) Direct a sale on credit for the property 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
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
California Code of Civil Procedure 873.620 is the California partition statute that provides for the preference for the sale of property in distinct lots over selling as a unit . The statute provides that: (a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots … 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
California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in … Read More
California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: When the proceeds of the sale belonging to persons who are parties to the action, whether known or … Read More
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