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Property Selling Process After a Partition by Sale in California

Updated on June 21, 2023

Partition proceedings can be complex legal processes that involve the division of property among co-owners, often known as tenants in common. Whether it’s a dispute between family members, business partners, or individuals with shared ownership, understanding the various types of partition and the steps involved is crucial.

In this introduction, we will explore partition by mutual agreement, and the focus will be on partition by sale, also known as judicial partition. Whether you are a property owner, tenant, or involved in a co-ownership arrangement, this comprehensive guide will provide you with valuable insights into partition proceedings and your rights within the context of real estate law.

Key Takeaways

Partition proceedings involve the division of property among co-owners. After obtaining a judgment for partition by sale, it is important to understand the procedure for executing the sale.

The steps involved in selling the property after a partition by sale in California are as follows:

  • Step 1: Manner of Sale
  • Step 2: Sales Procedures
  • Step 3: Notice Requirements
  • Step 4: The Sale Process
  • Step 5: Confirmation of Sale
  • Step 6: Conveyance of Transfer
  • Step 7: Understanding the Order of Payments
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After a judgment for partition by sale is obtained, most lawyers and clients alike are unaware of the procedure for executing the sale. Clients would be well served to understand the details in the final stage. We have outlined the basic steps below in order to aid any parties in this process:

Step 1: Manner of Sale in Partition Cases

The court will appoint a referee who will have the authority to sell the property at either a public auction or a private sale, whichever one the court determines to be more beneficial to the parties. (C.C.P. 873.010, 873.520).

Step 2: Sales Procedures in Partition Cases

The parties will agree to the terms and conditions of the sale in writing. If they cannot come to an agreement, the referee will recommend the terms and conditions to the court, and the court will hold a hearing to decide whether to accept that recommendation. (C.C.P. 873.610).

Step 3: Notice Requirements in Partition Sales

Notice of the sale must be given in accordance with the California Code of Civil Procedure, Sections 873.640 and 873.650, which will include a description of the property, the time and place of sale, and a statement of the principal terms of sale. If the sale is a private sale, the notice must state a place where bids or offers will be received and a day on or after which the sale will be made. (C.C.P. 873.650).

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Step 4: The Sale Process in Partition Cases

Once the property is sold to the highest bidder at a public auction or private sale, the referee will report the sale to the court. (C.C.P. 873.710, 873.680). Then, the court must either confirm or vacate the sale. (C.C.P. 873.720). A court might vacate the sale and direct a new sale if: (C.C.P. 873.730)

  1. The proceedings were unfair
  2. There was a lack of proper notice
  3. The sale price is disproportionate to the value of the property
  4. A new sale will exceed the current sale price by a certain threshold amount

Step 5: Confirmation of Sale

Once the sale is confirmed, the court will order the referee to collect the proceeds of the sale. (C.C.P. 873.750). If the purchaser fails to pay the sale price, the court may order a resale of the property, or allow the referee to bring an action against the purchaser for the full amount of the sale price. (C.C.P. 873.760).

Step 6: Conveyance of Transfer

The referee will execute a conveyance or other instrument of transfer to the purchaser, which must be recorded. (C.C.P. 873.790).

Step 7: Understanding the Order of Payments in Partition Cases

The court will order proceeds of the sale to be paid out in the following order: (C.C.P. 873.820)

  1. Expenses of the sale
  2. Other costs of partition
  3. Liens on the property in their order of priority except for liens which under the terms of sale are to remain on the property
  4. Distribution among the parties in proportion to their shares
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Contact Our Experienced Real Estate Attorneys in Los Angeles, CA

At Schorr Law, our real estate attorneys in Los Angeles, have handled many partition cases. For help selling a property after a judgment or bringing a partition action contact Los Angeles Partition Attorneys at (310) 954-1877, [email protected], or by using the Contact Form.

At Schorr Law, our team of top-rated real estate attorneys in Los Angeles, CA, specializes in handling complex partition cases. With years of experience and a deep understanding of California real estate law, our attorneys are dedicated to protecting your rights and ensuring a smooth resolution to your partition action.

Whether you need assistance in selling a property after obtaining a judgment or require guidance in initiating a partition action, our knowledgeable attorneys are here to help.

Contact our partition lawyer in Los Angeles today at (310) 954-1877, [email protected], or by using the convenient Contact Form on our website. Trust in our expertise to navigate the intricacies of real estate law and achieve a favorable outcome in your partition case.

See related: Partition by Appraisal