SECTIONS 872.810-872.840 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 872.810-872.840

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 872.810, 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.

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.

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.