California

Code of Civil Procedure - CCP

3,424 sections, each with the official text and a plain-English explanation of what it means for you.

• § 762.090 — (a) The state may be joined as a party to an action under this chapter.
• § 763.010 — (a) The form, content, and manner of the service of summons shall be the same as in civil actions generally.
• § 763.020 — Whenever the court orders service by publication, the order is subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the
• § 763.030 — (a) Whenever the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby.
• § 763.040 — Whenever the court orders service by publication, the court before hearing the case shall require proof that the summons has been served, posted, published as required, and that the notice of pendency
• § 764.010 — The court shall examine into and determine the plaintiff’s title against the claims of all the defendants.
• § 764.020 — (a) If in an action under this chapter the validity or interpretation of a gift, devise, bequest, or trust, under a will or instrument purporting to be a will, whether admitted to probate or not, is i
• § 764.030 — The judgment in the action is binding and conclusive on all of the following persons, regardless of any legal disability: (a) All persons known and unknown who were parties to the action and who have
• § 764.045 — Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions i
• § 764.060 — The relief granted in an action or proceeding directly or collaterally attacking the judgment in the action, whether based on lack of actual notice to a party or otherwise, shall not impair the rights
• § 764.070 — Notwithstanding any other provision of this chapter, the judgment in the action is not binding or conclusive on the following: (a) The state, unless individually joined as a party to the action.
• § 764.080 — (a) In any action brought to quiet title to land that has been subject to an agreement entered into pursuant to Section 6307 or 6357 of the Public Resources Code, at the time set for trial the court s
• § 765.010 — (a) For purposes of this section: (1) “Harass” means engage in knowing and willful conduct that serves no legitimate purpose.
• § 765.020 — A petition under this article shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner’s attorney setting forth a concise sta
• § 765.030 — If the court determines that the lien or other encumbrance is in violation of Section 765.
• § 765.040 — Any lien or encumbrance claimant who records or files, or directs another to record or file, a lawsuit, lien, or other encumbrance in violation of Section 765.
• § 765.050 — This article does not apply to a document which acts as a claim of encumbrance by a financial institution, as defined in subdivision (a) of Section 14161 of the Penal Code or Section 481.
• § 765.060 — If a lien or other encumbrance is recorded or filed against a public officer or employee in violation of Section 765.
• § 77 — (a) In every county there is an appellate division of the superior court consisting of three judges or, when the Chief Justice finds it necessary, four judges.
• § 770.010 — As used in this article: (a) “Acquired” means received or taken by conveyance, judgment, decree, or otherwise.
• § 770.020 — If property is acquired or stands of record in the name of a person who heretofore or hereafter transfers the property under a name other than or different from the name in which the property is acqui
• § 770.030 — The proceeding shall be brought in the superior court of the county in which the property or any part thereof is situated.
• § 770.040 — (a) The proceeding may be brought by a subsequent owner of the property by filing a petition with the court.
• § 770.050 — (a) The petition shall be verified in the manner provided for verification of a complaint.
• § 770.060 — (a) Upon the filing of the petition, the clerk shall set the petition for hearing by the court.
• § 770.070 — (a) At the time fixed for the hearing or such time thereafter as may be fixed by the court, the court shall hear the proofs offered by the petitioner and by any persons answering the petition, and sha
• § 770.080 — (a) After the decree has become final it constitutes prima facie evidence of the matters thereby determined and it is presumed that the identity of the person or persons described in the decree is suc
• § 771.010 — If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication was not accepted if all of the following
• § 771.020 — (a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption pursuant to Section 771.
• § 772.010 — This article applies only to lands within a city in any county with a population exceeding 4,000,000, or with a population of more than 700,000 and less than 710,000 as determined by the 1960 Federal
• § 772.020 — As used in this article: (a) “Surface zone” means the zone which lies above a plane which is 500 feet below the surface of the land.
• § 772.030 — (a) If a mining rights lease, including a community lease, exists for the production of oil, gas, or other hydrocarbons, and a right of entry or occupation provided by the lease encumbers all or part
• § 772.040 — The court may render a judgment terminating the lessee’s right of entry or occupation of the surface and surface zone, subject to such conditions as the court deems fair and equitable, if the evidence
• § 772.050 — (a) The court may qualify the judgment terminating the surface and surface zone right of entry or occupation so as to provide for limited surface and surface zone easements that the lessee may continu
• § 772.060 — It is against public policy for any oil or gas lease, at its inception, to provide for the waiver of any rights created by this article, or for such rights to be waived by amendment to any oil or gas
• § 8 — No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this Code as far a
• § 801.1 — An action may be brought to determine adverse interests in, liens or clouds upon title to real property arising out of any public improvement assessment or any bond issued to represent such assessment
• § 801.10 — All unknown defendants, including the heirs and devisees designated in the complaint, shall have the same rights as are provided by law for other defendants upon whom summons is served, and the action
• § 801.11 — On the trial of the action, the court shall determine the rights of all the parties thereto and shall require proof of the facts alleged.
• § 801.12 — If the court determines that none of the defendants have any right, title, interest, lien or estate in the property, it shall render its final decree quieting the plaintiff’s title.
• § 801.13 — If the court orders a sale of the property or a partition thereof, the same shall be made in accordance with the provisions of Title 10.
• § 801.14 — The decree, after it has become final, is conclusive against all persons named in the complaint who have been served and all unknown persons and the heirs and devisees of deceased persons designated i
• § 801.15 — After the judgment has become final, a certified copy thereof shall be delivered to the public officer having the record of the assessment, bond or certificate of sale in his office and he shall there
• § 801.2 — The action may be brought as a separate action or joined as a cause with other causes of action to determine adverse claims to and clouds upon title to real property, but the complaint shall aver the
• § 801.3 — The complaint shall include as defendants to the action (a) all persons known to the plaintiff owning or claiming an interest under such public improvement assessment, bond or certificate of sale; (b)
• § 801.4 — The complaint shall also include, as defendants, unknown persons owning or claiming an interest in such bond, special assessment or certificate of sale and they may be described in the complaint as: “
• § 801.5 — Within ten days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the recorder of the county where the property is situated, a notice of the pendency of the
• § 801.6 — Within three years after the filing of the complaint, a summons shall be issued which shall contain the matters required by Section 412.
• § 801.7 — Within thirty days after the issuance of the summons, the plaintiff shall post, or cause to be posted, a copy thereof in a conspicuous place on the property.
• § 801.8 — All known defendants shall be served in the manner provided by law for the service of a summons in a civil action.
• § 801.9 — In addition to the matters required to be set forth in the affidavit by the plaintiff for publication of summons, it shall appear by the affidavit that the plaintiff used reasonable diligence to ascer
• § 802 — The writ of sire facies is abolished.
• § 803 — An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes int
• § 804 — Whenever such action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightly entitled to the office, w
• § 805 — In every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice may r
• § 806 — If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he will be entitled, after taking the oath of office and executing such off
• § 807 — If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he may have sustained by reason of the usurpation
• § 808 — When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.
• § 809 — When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or privilege, judgment must be rendered that
• § 810 — If the action is brought upon the information or application of a private party, the Attorney General may require that party to enter into an undertaking, with sureties to be approved by the Attorney
• § 811 — The action provided for in this chapter may be maintained by the board of supervisors of any county or city and county or the legislative body of any municipal corporation, respectively, in the name o
• § 830 — (a) This chapter establishes methods and procedures for a comprehensive adjudication.
• § 831 — Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code applies to a comprehensive adjudication conducted pursuant to this chapter.
• § 831.5 — (a) In an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.
• § 832 — For purposes of this chapter, the following definitions apply: (a) “Basin” has the same meaning as defined in Section 10721 of the Water Code.
• § 833 — (a) Except as provided in subdivision (b), this chapter applies to actions that would comprehensively determine rights to extract groundwater in a basin, whether based on appropriation, overlying righ
• § 834 — (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of ri
• § 835 — (a) The plaintiff shall provide notice of the comprehensive adjudication to all of the following: (1) A groundwater sustainability agency that overlies the basin or a portion of the basin.
• § 836 — (a) When the plaintiff files the complaint, the plaintiff shall also lodge with the court both of the following: (1) (A) A draft notice titled “NOTICE OF COMMENCEMENT OF GROUNDWATER BASIN ADJUDICATION
• § 836.5 — (a) Within 15 days of the court order approving the notice and form answer under Section 836, the plaintiff shall request from the following entities the names and addresses of persons reporting extra
• § 837 — (a) A groundwater sustainability agency for the basin or a portion of the basin may intervene in a comprehensive adjudication conducted pursuant to this chapter.
• § 837.5 — (a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter.
• § 838 — (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified.
• § 839 — Service of pleadings and papers in a comprehensive adjudication, other than the complaint initiating a comprehensive adjudication, shall occur electronically to the greatest extent possible.
• § 840 — (a) In managing a comprehensive adjudication, the court shall do both of the following: (1) Convene a case management conference as provided by the California Rules of Court.
• § 841 — (a) Except as otherwise provided in this section, the boundaries of the area subject to a comprehensive adjudication shall be consistent with the boundaries of a basin.
• § 842 — (a) Except as otherwise stipulated by the parties or ordered by the court, within six months of appearing in a comprehensive adjudication, a party shall serve on the other parties and the special mast
• § 843 — (a) In addition to all other disclosures required by this chapter, a party shall disclose to the other parties the identity of any expert witness it may use at trial to present evidence.
• § 844 — (a) A court may require the parties in a comprehensive adjudication to submit written testimony of relevant witnesses in the forms of affidavits or declarations under penalty of perjury in lieu of pre
• § 845 — (a) The court may appoint one or more special masters whose duties may include the following: (1) Investigating technical and legal issues, as directed by the court.
• § 846 — (a) The special master shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.
• § 847 — (a) Upon a showing that the basin is in a condition of long-term overdraft, the court may, upon notice and hearing, issue a preliminary injunction.
• § 848 — (a) Upon the court’s own motion or the motion of any party to a comprehensive adjudication, a court may stay a comprehensive adjudication for a period of up to one year, subject to renewal in the cour
• § 849 — (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the Calif
• § 85 — Notwithstanding any law, including, but not limited to, a law that classified an action or special proceeding as a limited civil case, an action or special proceeding shall be treated as a limited civ
• § 850 — (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria: (1) It is consistent with Section 2 of Article X of the Cal
• § 851 — The judgment in a comprehensive adjudication conducted pursuant to this chapter shall be binding on the parties to the comprehensive adjudication and all their successors in interest, including, but n
• § 852 — The court shall have continuing jurisdiction to modify or amend a final judgment in a comprehensive adjudication in response to new information, changed circumstances, the interests of justice, or to
• § 853 — Upon the failure of a coowner of a mine or mining claim to contribute his proportionate share of the taxes that have been levied and assessed upon the mine or mining claim for the period of five years
• § 854 — The notice shall be served in the manner provided by law for the service of a summons in a civil action, but where service is by publication, the publication shall be in a newspaper of general circula
• § 855 — If before the expiration of 90 days from the service the delinquent fails or refuses to contribute his proportionate share of the taxes, the coowner contributing such share may file in the superior co
• § 856 — If the mine or mining claim is situated in more than one county, the petition may be filed in the superior court of either county.
• § 857 — The clerk shall set the petition for hearing by the court and give notice of the hearing by causing a notice of the time and place of the hearing to be posted at the county courthouse at least 10 days
• § 858 — The court shall hear evidence for or against the petition and may order judgment on the petition vesting the interest of the delinquent in the mine or mining claim in the petitioner.
• § 859 — A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the mine or mining claim is situated.
• § 86 — (a) The following civil cases and proceedings are limited civil cases: (1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousa
• § 86.1 — An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.
• § 860 — A public agency may upon the existence of any matter which under any other law is authorized to be determined pursuant to this chapter, and for 60 days thereafter, bring an action in the superior cour
• § 861 — Jurisdiction of all interested parties may be had by publication of summons pursuant to Section 6063 of the Government Code in a newspaper of general circulation designated by the court, published in
• § 861.1 — The summons shall be directed to “all persons interested in the matter of [specifying the matter],” and shall contain a notice to all persons interested in the matter that they may contest the legalit
• § 862 — Jurisdiction shall be complete after the date specified in the summons.
• § 863 — If no proceedings have been brought by the public agency pursuant to this chapter, any interested person may bring an action within the time and in the court specified by Section 860 to determine the
• § 864 — For purposes of this chapter, bonds, warrants, contracts, obligations, and evidences of indebtedness shall be deemed to be in existence upon their authorization.
• § 865 — If more than one action is pending concerning similar contests which may be brought under this chapter, they shall be consolidated for trial.
• § 866 — The court hearing the action shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.
• § 867 — Actions brought pursuant to this chapter shall be given preference over all other civil actions before the court in the matter of setting the same for hearing or trial, and in hearing the same, to the
• § 867.5 — (a) In the event that an action is brought by a public agency pursuant to this chapter, and that public agency later dismisses the action after any party has answered, then, notwithstanding Section 86
• § 868 — The costs of any proceeding or action pursuant to this chapter may be allowed and apportioned between the parties or taxed to the losing party in the discretion of the court.
• § 869 — No contest except by the public agency or its officer or agent of any thing or matter under this chapter shall be made other than within the time and the manner herein specified.
• § 87 — (a) A limited civil case may be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute.
• § 870 — (a) The judgment, if no appeal is taken, or if taken and the judgment is affirmed, shall, notwithstanding any other provision of law including, without limitation, Sections 473 and 473.
• § 870.5 — Any local public agency that pledges sales or retail transaction and use tax revenues received from taxes imposed by another public agency for bond payments or payment of other security obligations sh
• § 871.1 — as used in this chapter, “good faith improver” means: (a) A person who makes an improvement to land in good faith and under the erroneous belief, because of a mistake of law or fact, that he is the ow
• § 871.10 — (a) In any action seeking recovery of COVID-19 rental debt, as defined in Section 1179.
• § 871.12 — This chapter shall remain in effect until October 1, 2027, and as of the date is repealed.
• § 871.2 — As used in this chapter, “person” includes an unincorporated association.
• § 871.20 — (a) Notwithstanding any other law, this chapter applies to an action, brought against a manufacturer who has elected under Section 871.
• § 871.21 — (a) An action covered by Section 871.
• § 871.22 — For purposes of this chapter, the following definitions apply: (a) “Applicable express warranty” means the written warranty provided by the manufacturer at the time of delivery of the subject motor ve
• § 871.23 — For purposes of this chapter, any reference to a manufacturer also applies to a distributor or warrantor.
• § 871.24 — (a) At least 30 days prior to the commencement of an action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code, the consumer shall do all of the following: (1) Notify the
• § 871.25 — A remedy in compliance with this chapter shall not be contingent on the execution of any release other than the following Standardized SBA Release: Standardized SBA Release Release as it relates to se
• § 871.26 — (a) This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.
• § 871.27 — (a) This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.
• § 871.28 — The duties and obligations imposed by this chapter are cumulative with duties or obligations imposed under any other law and shall not be construed to relieve any party from any duties or obligations
• § 871.29 — (a) (1) A manufacturer may elect to be governed by this chapter for all actions described in subdivision (a) of Section 871.
• § 871.3 — (a) An action for relief under this chapter shall be treated as an unlimited civil case, regardless of the amount in controversy and regardless of whether a defendant cross-complains for relief under
• § 871.30 — (a) Within 30 days of the effective date of the act adding this section, a manufacturer may elect to be governed by this chapter for all actions described in subdivision (a) of Section 871.
• § 871.4 — The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver’s right of setoff under Section 741 of the Code of Civil Procedure or right to remo
• § 871.5 — When an action or cross-complaint is brought pursuant to Section 871.
• § 871.6 — Nothing in this chapter affects the rules of law which determine the relief, if any, to be granted when a person constructs on his own land an improvement which encroaches on adjoining land.
• § 871.7 — (a) This chapter does not apply where the improver is a public entity or where the improvement is made to land owned or possessed by a public entity.
• § 872.010 — As used in this title: (a) “Action” means an action for partition under this title.
• § 872.020 — This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property.
• § 872.030 — The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this title.
• § 872.040 — Nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property.
• § 872.110 — (a) The superior court has jurisdiction of actions under this title.
• § 872.120 — In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title
• § 872.130 — In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of: (a) Preventing waste.
• § 872.140 — The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.
• § 872.210 — (a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property.
• § 872.220 — If it is necessary to have a title report: (a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate this has been done and designate a place wh
• § 872.230 — The complaint shall set forth: (a) A description of the property that is the subject of the action.
• § 872.240 — Real and personal property may be partitioned in one action.
• § 872.250 — (a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in
• § 872.310 — (a) The form, content, and manner of service of summons shall be as in civil actions generally.
• § 872.320 — Where the court orders service by publication, such order shall be subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of
• § 872.330 — (a) Where the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby.
• § 872.410 — The answer shall set forth: (a) Any interest the defendant has or claims in the property.
• § 872.420 — Where the defendant has or claims a lien on the property, the answer shall set forth the date and character of the lien and the amount remaining due thereon.
• § 872.430 — The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.
• § 872.510 — The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in
• § 872.520 — (a) If the name of a person described in Section 872.
• § 872.530 — (a) If a person described in Section 872.
• § 872.540 — Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff need not join as defendants persons whose only int
• § 872.550 — Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the property,” naming them in that manner.
• § 872.610 — The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.
• § 872.620 — To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property.
• § 872.630 — (a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all liens upon the property.
• § 872.640 — Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other.
• § 872.710 — (a) At the trial, the court shall determine whether the plaintiff has the right to partition.
• § 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
• § 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 act
• § 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.
• § 872.820 — Notwithstanding Section 872.
• § 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 th
• § 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.
• § 873.010 — (a) The court shall appoint a referee to divide or sell the property as ordered by the court.
• § 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.
• § 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.
• § 873.040 — (a) The court shall appoint as referee under this title any person or persons to whose appointment all parties have consented.
• § 873.050 — None of the following persons shall be appointed a referee under this title: (a) A clerk or deputy clerk of the court.
• § 873.060 — The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court.
• § 873.070 — The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title.
• § 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.
• § 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 b
• § 873.120 — (a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.
• § 873.130 — The referee may, with the approval of the court pursuant to Section 873.
• § 873.140 — The referee may, with the approval of the court pursuant to Section 873.
• § 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 cont
• § 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.
• § 873.210 — The referee appointed by the court to make a division of the property shall divide the property and allot the several portions to the parties, quality and quantity relatively considered, according to
• § 873.220 — As far as practical, and to the extent it can be done without material injury to the rights of the other parties, the property shall be so divided as to allot to a party any portion that embraces impr
• § 873.230 — Where prior to the commencement of the action a party has executed a deed purporting to convey to a purchaser a portion of the property to be divided, to the extent it can be done without material inj
• § 873.240 — Where real property consists of more than one distinct lot or parcel, the property shall be divided by such lots or parcels without other internal division to the extent that it can be done without ma
• § 873.250 — (a) Where division cannot be made equally among the parties according to their interests without prejudice to the rights of some, compensation may be required to be made by one party to another to cor
• § 873.260 — Where a lien is on an undivided interest of a party, the lien shall, upon division of the property, become a charge only on the share allotted to that party.
• § 873.270 — Where the court has determined the combined interests of two or more unknown parties, the entire portion of the property allocated to such parties shall remain undivided.
• § 873.280 — (a) The referee shall file with the court a report of the referee’s proceedings and give written notice of filing to each party who has appeared in the action.
• § 873.290 — (a) Any party, upon notice to the other parties who have appeared, may move the court to confirm, modify, or set aside the report.
• § 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.
• § 873.520 — The property shall be sold at public auction or private sale as the court determines will be more beneficial to the parties.
• § 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.
• § 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.
• § 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 p
• § 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.
• § 873.630 — The court may: (a) Direct a sale on credit for the property or any part thereof.
• § 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.
• § 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.
• § 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 in