Public-domain · open source
OpenJurist

Cal. Civ. Proc. Code § 872.820

Determination of Manner of Partition

Applied in 3 court decisions — leading case 215 W. Va. 331 - Ark Land Co. v. Harper (2004)

Most recently applied in Nickless v. Kessler (In Re Berman) (September 2006)

Added by Stats. 1976, Ch. 73.

How often courts cite this section

198219902000200610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.