The court may:
§ 873.630.Sale On Credit
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 2. Sales Procedures · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.630 lets the court direct that all or part of the property be sold on credit, set the terms of that credit, and approve or prescribe the security taken on the sale, including how title to that security is held among the parties.
Full Text of § 873.630
(a) Direct a sale on credit for the property or any part thereof.
(b) Prescribe such terms of credit as may be appropriate.
(c) Approve or prescribe the terms of security to be taken upon the sale, including the manner in which title to the security is to be taken, whether in a single instrument or several instruments, according to the interests of the parties.
Plain-English Summary
Not every buyer can pay cash in full, and this section gives the court room to accommodate that. The court may direct a sale on credit for the property or any part of it, and prescribe whatever terms of credit are appropriate to the transaction.
Because a credit sale leaves part of the purchase price unpaid at closing, the court also controls the protection behind it: approving or prescribing the terms of the security taken on the sale, including how title to that security is held.
That last piece is notably flexible — the security can be held in a single instrument or in several instruments, structured according to the interests of the parties, so a credit sale can be tailored to fit multiple co-owners with differing shares.
Frequently Asked Questions
Can partitioned property be sold on credit rather than for cash?
Yes, the court may direct a credit sale for all or part of the property.
Who sets the credit terms?
The court, which may prescribe whatever terms of credit are appropriate.
What protects the parties if the buyer doesn't pay in full upfront?
The court approves or prescribes the security taken on the sale, including how title to that security is held.
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: credit sale partition property california