Sale of Real Property Archives

Probate Code § 11953 – Division Proportionate to Party’s Interest; Sale Instead of Division; Agreement to Accept Undivided Interest (Probate Actions)

California Probate Code § 11953 is the California probate statute that governs how property should be divided among multiple beneficiaries who hold undivided interests in estate property, i.e., co-ownership. This section ensures that each beneficiary receives a portion of property equal in value to their share of the estate and allows for a sale when … Read More

Co-Listing as a Solution to Settle Co-Owned Property Disputes

Many co-owners agree that their property should be sold, but end up deadlocked of whose Realtor should be the listing agent. A simple solution is to allow co-listing whereby two listings agents place the property on the market, thereby allowing each co-owner to have an agent they trust handling the sale of the property. This … Read More

Should I Stay on the Mortgage of a Co-Owned House?

Co-owning a home can be a practical solution to rising housing costs, but when circumstances change and you want to sell your partial interest in the property, it raises the question: should you agree to stay on the mortgage or should you be removed from the mortgage? This decision requires careful consideration of several factors … Read More

Notice of Private Sale Partition Action California Lawyer Attorney Law Firm

What Does a Notice of Private Sale Mean in a Partition Action?

A notice of private sale in a partition action is a required notice that the partition referee is likely to be marketing the property to the public to ensure it sells for fair market value. Since the word “private” seems to suggest something other than the public marketing as though a backroom deal is occurring, … Read More

Partition Referees in California

Partition referees in California effectuate the court’s judgment that the property should be partitioned, which usually involves a sale of the property. Sometimes, partition referees are referees to as partition receivers, partition special masters, partition commissioners, partition administrators, or real estate referees. List of Partition Referees in California As the largest partition-only law firm in … Read More

Title Insurance in a Partition Action

Whether your property is subject to a partition action or you are transferring ownership through a public sale, a clear and marketable title is essential for a smooth transfer of ownership. Real estate litigation often arises from disputes over property titles, highlighting the importance of a comprehensive title insurance policy. Property buyers and lenders alike … Read More

What to Do When a Co-Owner Dies in a Partition Action [Form Template Example - Code of Civil Procedure 872.530(b)] Affidavit re Death of Co-Owner.jpg

What to Do When a Co-Owner Dies During or Before a Partition Action [Form Template Example – Code of Civil Procedure 872.530(b)]

Affidavit re: Death of Co-Owner [Sample] Co-owning real estate in California comes with many different challenges. If you’re ready to sell but your co-owner refuses, a partition action is the only court-ordered way to force the sale of property. Litigants in partition actions may find themselves in the unfortunate situation of having to declare that … Read More

Code of Civil Procedure 873.790 – Execution of Conveyance or Transfer; Recordation (Partition Sales)

California Code of Civil Procedure 873.790 is the California partition statute that addresses the execution of conveyance by the partition referee upon sale of the property in a partition action. The statute provides that: (a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser. (b) … Read More

Code of Civil Procedure 873.780 – Closing of Sale After Confirmation; Adjustments; Order (Partition Sales)

California Code of Civil Procedure 873.780 is the California partition statute that states that the court may adjust the terms of sale in a partition action. The statute provides that: The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree … Read More

Code of Civil Procedure § 873.530 (CCP) – Public or Private Sale of Part of Property (Partition Actions)

California Code of Civil Procedure 873.530 is the California partition statute that addresses private sale and public auction in a partition action in California. The statute provides that: Part of the property may be sold at public auction and part at private sale if it appears that to do so will be more beneficial to … Read More