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.
TrialDetermination of Manner of Partition
Section § 872.810
This law requires that a court split property between parties based on their shares in the property as decided earlier in the legal process.
property division parties' interests court order
Section § 872.820
This law section explains that when there's a dispute over property ownership, the court can decide to sell the property and divide the money among the parties rather than physically dividing the property. This can happen if either the parties agree to it or the court believes that selling the property is fairer than splitting it up. The court can also have a referee help make this decision by providing a report.
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)CA Civil Procedure Code § 872.820(a) The parties agree to such relief, by their pleadings or otherwise.
(b)CA Civil Procedure Code § 872.820(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.
property sale division of proceeds property dispute
Section § 872.830
This law states that when deciding if selling property is better than dividing it up, a court can choose to sell just a part of the property if that would be fairer. The rest of the property can then be divided among the parties involved.
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.
property division equitable distribution sale of property
Section § 872.840
If a property is part of an express trust, the court can decide to sell it. After selling or dividing the property, any money or property given to the trustee must be handled according to the trust's terms, and no extra court actions are needed.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 872.840(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.
express trust property sale trustee responsibilities
