(a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like property upon execution. Such notice shall also be given to every party who has appeared in the action and to such other interested persons as may have in writing requested the referee for special notice.
§ 873.640.Notice of Sale
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 873.640 requires notice of a partition sale to follow the same procedure used for notice of an execution sale of similar property, given to every party who has appeared and to anyone who requested special notice in writing, with the court free to order more and the same rules applying to any new sale.
Full Text of § 873.640
(b) Where real and personal property are to be sold as a unit, notice of the sale may be in the manner required for notice of sale of real property alone.
(c) The court may order such additional notice as it deems proper.
Plain-English Summary
Rather than building a separate notice regime from scratch, this section borrows a familiar one. Notice of the sale of real or personal property is given in the manner required for notice of sale of like property upon execution, and it must also go to every party who has appeared in the action and to other interested persons who have requested special notice from the referee in writing.
Subdivision (b) offers a shortcut for combined sales: where real and personal property are sold as a unit, notice may follow the procedure required for real property alone, rather than layering two separate notice procedures together.
The court retains discretion to require more than the statutory baseline — subdivision (c) lets the court order such additional notice as it deems proper. And under subdivision (d), when the court orders a new sale after vacating one under § 873.730 or accepting an increased offer under § 873.740, the same notice rules apply to that new sale as well.
Frequently Asked Questions
What notice procedure applies to a partition sale?
The same procedure used for notice of an execution sale of like property.
Who must receive notice of the sale?
Every party who has appeared in the action, plus anyone who has requested special notice in writing.
Can the court require more notice than the statutory baseline?
Yes, § 873.640(c) lets the court order additional notice it deems proper.
Does this notice requirement apply to a new sale ordered after the original one is vacated?
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: notice of partition sale california