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 10.5 (commencing with Section 872.010) of Part 2, except that proceeds of sale belonging to unknown defendants or defendants whose identities or whereabouts are unascertained shall be paid to the public officer who is the custodian of the funds collected on such public improvement assessments, bonds or certificates of sale, to be held by him as in like instances of collection.
§ 801.13.Sale Or Partition Ordered
Title 10. Actions In Particular Cases · Chapter 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments · Last amended 1976 · Last verified July 28, 2026
In one sentenceSection 801.13 requires that any court-ordered sale or partition follow the procedures of Title 10.5 (commencing with § 872.010), except that proceeds due to unknown or unlocated defendants go to the public official who holds the collected assessment funds.
Full Text of § 801.13
Plain-English Summary
When the decree under § 801.12 calls for selling or partitioning the property, this section supplies the mechanics: the process follows Title 10.5's partition procedure, beginning at § 872.010, the same framework used for ordinary property partitions.
One detail changes for this chapter's purposes. Proceeds that would otherwise go to defendants whose identity or whereabouts remain unascertained instead go to the public officer who serves as custodian of funds collected on assessments, bonds, and certificates of sale — held the same way that official holds other such collections, rather than sitting unclaimed.
Frequently Asked Questions
What procedure governs a court-ordered sale or partition under this chapter?
The provisions of Title 10.5 (commencing with § 872.010) of Part 2, the general partition procedure.
What happens to sale proceeds owed to unknown defendants?
They're paid to the public officer who is the custodian of funds collected on the assessment, bond, or certificate of sale, to be held as in other collections of that kind.
Amendment History
Amended by Stats. 1976, Ch. 73.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: partition assessment lien property california