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.
§ 873.530.Part Sold At Public Auction and Part Sold At Private Sale
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 1. Manner of Sale · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.530 permits selling part of the property at public auction and the remaining part at private sale whenever splitting the sale that way appears more beneficial to the parties.
Full Text of § 873.530
Plain-English Summary
This section extends the flexibility of § 873.520 one step further. Part of the property may be sold at public auction and part at private sale if it appears that doing so will be more beneficial to the parties.
That kind of split can make practical sense when a property has distinct components with different markets — a marketable parcel that draws competitive bidders alongside a more distinctive piece better suited to a negotiated private sale, for example.
The governing standard is the same one that drives § 873.520's basic choice between auction and private sale: what will be more beneficial to the parties, left to the court's judgment on the facts before it.
Frequently Asked Questions
Can a referee sell some of the property at auction and some privately?
Yes, when doing so appears more beneficial to the parties.
What standard governs that choice?
The same "more beneficial to the parties" standard § 873.520 uses when choosing between auction and private sale generally.
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: mixed sale method partition california