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Setoff

Code of Civil Procedure 874.320 Court Ordered Open-Market Sale; Sealed Bids; Auction

Code of Civil Procedure 874.320 CCP – Court ordered open-market sale; sealed bids; auction (Partition of Real Property Act)

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

Code of Civil Procedure 873.770 CCP – Taking Setoff from Party Purchaser (Partition Actions)

Code of Civil Procedure 873.770 CCP – Taking Setoff from Party Purchaser (Partition Actions)

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

CCP 873.830 Setoff in Lieu of Payment of Estate for Life or Years in Partition Actions

Code of Civil Procedure 873.830 – Setoff in Lieu of Payment of Estate for Life or Years (Partition Actions)

California Code of Civil Procedure 873.830 is the California partition statute that authorizes setoff instead of payment. The statute provides that: Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of … Read More

Code of Civil Procedure 873.840 – Treatment of Successive Estates in Partition Actions Talkov Law

Code of Civil Procedure 873.840 – Treatment of Successive Estates (Partition Actions)

California Code of Civil Procedure 873.840 is the California partition statute that describes the treatment of successive estates in partition actions. The statute provides that: (a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for … Read More

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