California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10.5 — Partition of Real and Personal Property, Chapter 3 — Trial, Article 3 — Determination of Manner of Partition, Section 872.820

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.

Notes

Requires the court to order sale of the property and division of proceeds according to the interests determined in the interlocutory judgment when the parties agree or when sale is more equitable than physical division. In deciding equity, the court may appoint a referee and consider the referee’s report.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 872.820 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10-5/chapter-3/article-3/section-872-820

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