(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.
§ 872.840.Sale of Property Subject to Express Trust
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 872.840 lets the court, in its discretion, order the sale of property or an interest subject to an express trust, with the trustee then holding whatever property or sale proceeds get allotted under the terms of that trust, without any further court action required under § 873.840.
Full Text of § 872.840
Plain-English Summary
Property held in an express trust adds another layer to the sale-versus-division analysis, and this section addresses it directly. Subdivision (a) gives the court discretion to order the property sold when the property, or an interest in it, is subject to an express trust -- the court isn't required to order a sale just because a trust is involved, but it has the authority to do so.
Subdivision (b) then explains what happens to whatever the trust ends up with, whether the property is divided or sold: the property or sale proceeds allotted to the trustee get held by the trustee on the terms of the express trust itself. Once that allotment happens, no further action by the court under § 873.840 is required -- the trustee administers the allotted property or proceeds under the trust's own terms going forward, without needing continued court supervision under that section.
Frequently Asked Questions
Can the court force a sale of property held in an express trust?
The court has discretion to order that sale under § 872.840(a); it isn't automatic merely because a trust holds the property.
What happens to property or proceeds allotted to a trustee after division or sale?
The trustee holds them on the terms of the express trust, the same as any other trust property.
Does the court have to keep supervising the trustee's share after the partition case ends?
No. Once the allotment is made, no further action by the court under § 873.840 is required.
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: partition property held in trust californiaexpress trust sale partition action