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.
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:
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:
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).
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).
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).
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)
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).
The referee will execute a conveyance or other instrument of transfer to the purchaser, which must be recorded. (C.C.P. 873.790).
The court will order proceeds of the sale to be paid out in the following order: (C.C.P. 873.820)
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