Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 872.820 — Determination of Manner of Partition

Cal. Civ. Proc. Code § 872.820

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be divided among the parties in accordance with their interests in the property as determined in the interlocutory judgment in the following situations:

Citator

Cal. Civ. Proc. Code § 872.820 — Determination of Manner of Partition is in force in the current edition of the Code, and nothing recorded condemns it.

Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be divided among the parties in accordance with their interests in the property as determined in the interlocutory judgment in the following situations:

(a) The parties agree to such relief, by their pleadings or otherwise.

(b) The court determines that, under the circumstances, sale and division of the proceeds would be more equitable than division of the property. For the purpose of making the determination, the court may appoint a referee and take into account his report.