PART 2. OF CIVIL ACTIONS 307-1062.34›TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY 872.010-874.323›CHAPTER 3. Trial 872.610-872.840›ARTICLE 3. Determination of Manner of Partition 872.810-872.840
§ 872.820
California Code of Civil Procedure · 2026-09 edition · updated 2026-10-03 · California
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.)
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