reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 872.710 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 3 - Trial|ARTICLE 2 - Determination of Right to Partition|Section 872.710.

872.710.  (a) At the trial, the court shall determine whether the plaintiff has the right to partition.(b) Except as provided in Section 872.730, partition as to concurrent interests in the property shall be as of right unless barred by a valid waiver.(c) Partition as to successive estates in the property shall be allowed if it is in the best interest of all the parties. The court shall consider whether the possessory interest has become unduly burdensome by reason of taxes or other charges, expense of ordinary or extraordinary repairs, character of the property and change in the character of the property since creation of the estates, circumstances under which the estates were created and change in the circumstances since creation of the estates, and all other factors that would be considered by a court of equity having in mind the intent of the creator of the successive estates and the interests and needs of the successive owners.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 872.720 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 3 - Trial|ARTICLE 2 - Determination of Right to Partition|Section 872.720.

872.720.  (a) If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition of the property and, unless it is to be later determined, the manner of partition.(b) If the court determines that it is impracticable or highly inconvenient to make a single interlocutory judgment that determines, in the first instance, the interests of all the parties in the property, the court may first ascertain the interests of the original concurrent or successive owners and thereupon make an interlocutory judgment as if such persons were the sole parties in interest and the only parties to the action. Thereafter, the court may proceed in like manner as between the original concurrent or successive owners and the parties claiming under them or may allow the interests to remain without further partition if the parties so desire.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 872.730 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 3 - Trial|ARTICLE 2 - Determination of Right to Partition|Section 872.730.

872.730.  To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership property, where the rights of unsecured creditors of the partnership will not be prejudiced.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 872.810 (2021)
2021 California Code|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 872.810.

872.810.  The court shall order that the property be divided among the parties in accordance with their interests in the property as determined in the interlocutory judgment.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 872.820 (2021)
2021 California Code|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.

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.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 872.830 (2021)
2021 California Code|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 872.830.

872.830.  If, in making a determination whether sale would be more equitable than division of the property, the court finds that sale and division of proceeds for part of the property would be more equitable than division of the whole property, the court may order that such part be sold and the remainder divided.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 872.840 (2021)
2021 California Code|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 872.840.

872.840.  (a) Where the property or an interest therein is subject to an express trust, the court may, in its discretion, order that the property be sold.(b) Upon division or sale of such property, the property or proceeds of sale allotted to the trustee of the express trust shall be held by him upon the trust therein stated, and no further action by the court pursuant to Section 873.840 is required.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 1 - General Provisions|Section 873.010.

873.010.  (a) The court shall appoint a referee to divide or sell the property as ordered by the court.(b) The court may:(1) Determine whether a referee’s bond is necessary and fix the amount of the bond.(2) Instruct the referee.(3) Fix the reasonable compensation for the services of the referee and provide for payment of the referee’s reasonable expenses.(4) Provide for the date of commencement of the lien of the referee allowed by law.(5) Require the filing of interim or final accounts of the referee, settle the accounts of the referee, and discharge the referee.(6) Remove the referee.(7) Appoint a new referee.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 1 - General Provisions|Section 873.020.

873.020.  The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 1 - General Provisions|Section 873.030.

873.030.  (a) The court may, with the consent of the parties, appoint three referees to divide or sell the property as ordered by the court.(b) The three referees so appointed shall have all the powers and may perform all the duties required of one referee.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 1 - General Provisions|Section 873.040.

873.040.  (a) The court shall appoint as referee under this title any person or persons to whose appointment all parties have consented.(b) In the case of a minor party or a party for whom a conservator of the estate has been appointed, the guardian or conservator of the estate of the party may so consent.(Amended by Stats. 1979, Ch. 730.)
CA Civ Pro Code § 873.050 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 1 - General Provisions|Section 873.050.

873.050.  None of the following persons shall be appointed a referee under this title:(a) A clerk or deputy clerk of the court.(b) A former or present partner or employee of the judge.(c) A relative within the third degree of the judge or the judge’s spouse or the spouse of such a relative.(d) An owner of any interest in the property that is the subject of the action.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.060 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 1 - General Provisions|Section 873.060.

873.060.  The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.070 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 1 - General Provisions|Section 873.070.

873.070.  The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.080 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 1 - General Provisions|Section 873.080.

873.080.  (a) In selling or dividing the property, the referee may, if it will be for the advantage of those interested, designate a portion of the property as a public or private way, road, or street. In connection therewith, the referee may also recommend the closure of any or all other roads on the property and allocation of the portion of the property occupied by such roads to the parties. (b) Upon making such a designation and recommendation that is adequate to accommodate public and private needs, the referee shall report that fact to the court.(c) Upon confirmation of the referee’s report by the court, subject to any necessary action by the appropriate public entities:(1) The portion of the property designated as a public way, road, or street shall not be allocated to any of the parties or sold but shall be an open and public way, road, or street.(2) The property designated as a private way, road, or street shall be a private way for the use of the parties interested.(3) The roads recommended to be closed shall be deemed abandoned upon the terms stated in the order of confirmation.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 2 - Contracts of Referee|Section 873.110.

873.110.  Subject to the limitations of this article, the court may:(a) Authorize or approve contracts of the referee for the services and expenses of surveyors, engineers, appraisers, attorneys, real estate brokers, auctioneers, and others.(b) Allow and direct payment of or reject claims under such contracts.(c) Provide for the date of commencement of any lien provided by law or contract for such claims.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 2 - Contracts of Referee|Section 873.120.

873.120.  (a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110.(b) The application for approval shall be in writing and shall include the name of the attorney whom the referee wishes to employ and the necessity for the employment.(c) The attorney so employed may not be attorney for, or associated with or employed by an attorney for, any party to the action except with the written consent of all the parties to the action.(d) Any claim for compensation for the attorney shall detail the services performed by the attorney.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.130 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 2 - Contracts of Referee|Section 873.130.

873.130.  The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making a sale or division of property.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.140 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 2 - Contracts of Referee|Section 873.140.

873.140.  The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the locality, to conduct a public auction and to secure purchasers by such method for any property to be sold at public auction.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.150 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 2 - Contracts of Referee|Section 873.150.

873.150.  A contract for the services of an attorney, surveyor, auctioneer, or other third person may provide for the accrual of interest at a rate not in excess of the legal rate for amounts due under the contract that are not paid within three months after the time they become due and payable.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.160 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 4 - Referees|ARTICLE 2 - Contracts of Referee|Section 873.160.

873.160.  The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in writing.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.510 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 1 - Manner of Sale|Section 873.510.

873.510.  The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided in this chapter.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.520 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 1 - Manner of Sale|Section 873.520.

873.520.  The property shall be sold at public auction or private sale as the court determines will be more beneficial to the parties. For the purpose of making this determination, the court may refer the matter to the referee and take into account the referee’s report.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.530 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 1 - Manner of Sale|Section 873.530.

873.530.  Part of the property may be sold at public auction and part at private sale if it appears that to do so will be more beneficial to the parties.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.600 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.600.

873.600.  Notwithstanding any other provision of this title, the court shall order sale by such methods and upon such terms as are expressly agreed to in writing by all the parties to the action.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.610 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.610.

873.610.  (a) The court may, at the time of trial or thereafter, prescribe such manner, terms, and conditions of sale not inconsistent with the provisions of this chapter as it deems proper for the particular property or sale.(b) The court may refer the manner, terms, and conditions of sale to the referee for recommendation but shall not approve the referee’s report except following a hearing upon noticed motion.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.620 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.620.

873.620.  (a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots or parcels of real property be sold separately.(b) The court may order that the real and personal property or any portion thereof be sold as a unit.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.630 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.630.

873.630.  The court may:(a) Direct a sale on credit for the property or any part thereof.(b) Prescribe such terms of credit as may be appropriate.(c) Approve or prescribe the terms of security to be taken upon the sale, including the manner in which title to the security is to be taken, whether in a single instrument or several instruments, according to the interests of the parties.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.640 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.640.

873.640.  (a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like property upon execution. Such notice shall also be given to every party who has appeared in the action and to such other interested persons as may have in writing requested the referee for special notice.(b) Where real and personal property are to be sold as a unit, notice of the sale may be in the manner required for notice of sale of real property alone.(c) The court may order such additional notice as it deems proper.(d) Where the court orders a new sale of property pursuant to Section 873.730 or Section 873.740, notice of sale shall be as provided in this section.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.650 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.650.

873.650.  (a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of sale, and a statement of the principal terms of sale. In place of the principal terms of sale, the notice may refer to an order of the court or to a written statement containing such information which may be inspected at the place of business of the referee or the referee’s attorney.(b) A notice of private sale shall state a place where bids or offers will be received and a day on or after which the sale will be made.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.660 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.660.

873.660.  (a) The court may order securities listed on an established stock or bond exchange, and personal property that is perishable, that will depreciate in value if not promptly disposed of, or that will incur loss or expense by being kept, to be sold upon such notice and conditions as may be appropriate.(b) Unless otherwise ordered by the court, title to property sold pursuant to this section passes without court confirmation. The referee is responsible for the actual value of the property until, after return and proper showing, the court approves the sale.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.670 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.670.

873.670.  (a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other place as may be specified by the court.(b) Unless otherwise ordered by the court, personal property shall be present at the sale.(c) The sale may be postponed by the referee by public declaration as provided for sales upon execution.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.680 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.680.

873.680.  (a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within one year thereafter.(b) The bids or offers shall be in writing and left at the place designated in the notice at any time after the first publication or, if none, the posting of the notice.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.690 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 2 - Sales Procedures|Section 873.690.

873.690.  (a) The following persons shall not purchase property sold in the action directly or indirectly:(1) The referee.(2) The attorney of a party.(3) The guardian or conservator of a party, unless for the benefit of the ward or conservatee.(b) All sales contrary to this section are void except that a sale to a bona fide purchaser following a sale contrary to this section shall not be disturbed. (Amended by Stats. 1979, Ch. 730.)
CA Civ Pro Code § 873.710 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.710.

873.710.  (a) Upon making a sale of property, the referee shall report the sale to the court.(b) The referee’s report shall contain, in addition to such other information as may be appropriate, all of the following information:(1) A description of the property sold to each purchaser.(2) The name of the purchaser.(3) The sale price.(4) The terms and conditions of the sale and the security, if any, taken.(5) Any amounts payable to lienholders.(6) A statement as to contractual or other arrangements or conditions as to agents’ commissions.(7) Any determination and recommendation as to opening and closing public and private ways, roads, streets, and easements.(8) Other material facts relevant to the sale and the confirmation proceeding. (Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.720 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.720.

873.720.  (a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale.(b) The moving party shall give not less than 10 days’ notice of motion to:(1) The purchaser if the purchaser is not the moving party; and(2) All other parties who have appeared in the action.(Added by Stats. 1976, Ch. 73.)