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.
§ 872.830.Ordering Sale of Part of Property and Remainder Divided
Title 10.5. Partition of Real and Personal Property · Chapter 3. Trial · Article 3. Determination of Manner of Partition · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.830 lets the court order only part of the property sold, with the proceeds divided and the remainder physically divided among the parties, when it finds that selling just that part would be more equitable than selling or dividing the whole.
Full Text of § 872.830
Plain-English Summary
Not every property calls for an all-or-nothing choice between full division and full sale. This section gives the court a middle path: while deciding whether sale would be more equitable than division under § 872.820, the court may find that selling only part of the property, and dividing the proceeds from that part, would be more equitable than dealing with the whole property the same way.
Where that's the finding, the court can order that limited sale and let the rest of the property be divided among the parties in kind. This flexibility fits properties with mixed characteristics -- a parcel that includes both a structure that doesn't divide well and open land that does, for example -- letting the court tailor the outcome to each portion rather than forcing a single approach onto the whole property.
Frequently Asked Questions
Can a court order only part of the property sold, rather than the whole thing?
Yes. Section 872.830 lets the court order sale of part of the property, with the remainder divided among the parties, if that's more equitable.
When would a court use this partial-sale option?
When, in making the sale-versus-division determination under § 872.820, the court finds that selling only part of the property would be more equitable than selling or dividing the whole.
What happens to the part of the property that isn't sold?
It's divided among the parties, following this title's default rule for partition in kind.
Amendment History
Added 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: partial sale of property partition californiasell part of property and divide remainder