Sale Procedures

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

Code of Civil Procedure § 873.230 (CCP) – Allotment of Property Previously Conveyed to Purchaser (Partition In Kind)

California Code of Civil Procedure 873.230 is the California partition statute that explains the effect of a co-owner transferring a portion of the property prior to the filing of a partition action in California. The statute provides that: Where prior to the commencement of the action a party has executed a deed purporting to convey … Read More

Code of Civil Procedure § 873.140 (CCP) – Auctioneer (Partition by Sale)

California Code of Civil Procedure 873.140 is the California partition statute that addresses how a partition referee may employ an auctioneer in a partition by sale action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the … Read More

Code of Civil Procedure § 873.680 (CCP) – Private Sale; Time; Bids (Partition Action)

California Code of Civil Procedure 873.680 is the California partition statute that explains the procedure for private sale of real property in a partition action in California. The statute provides that: (a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within … Read More

Code of Civil Procedure § 873.670 (CCP) – Public Auction; Location; Postponement (Partition Action)

California Code of Civil Procedure 873.670 is the California partition statute that explains the public auction procedure in a partition action in California. The statute provides that: (a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other place as may … Read More

Code of Civil Procedure § 873.660 (CCP) – Securities; Perishable Property; Passage of Title; Proceeds (Partition Action)

California Code of Civil Procedure 873.660 is the California partition statute that discusses securities, perishable property, passage of title, and proceeds in a partition action in California. The statute provides that: (a) The court may order securities listed on an established stock or bond exchange, and personal property that is perishable, that will depreciate in … Read More

Code of Civil Procedure § 873.650 (CCP) – Contents of Notice of Sale (Partition Actions)

California Code of Civil Procedure 873.650 is the California partition statute that explains the content of a notice of sale in a partition action in California. The statute provides that: (a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of … Read More

CCP 873.610 Manner, terms and conditions consistent with chapter; recommendations of referee Talkov Law

Code of Civil Procedure 873.610 CCP – Manner, Terms and Conditions Consistent with Chapter; Recommendations of Referee (Partition Actions)

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

CCP 873.600 Order of court; methods and terms; agreement of parties Talkov Law

Code of Civil Procedure 873.600 CCP – Order of Court; Methods and Terms; Agreement of Parties (Partition Actions)

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

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