Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of the property not sold by way of complete or partial satisfaction of his share of the proceeds.
§ 873.830.Rights of Tenant For Life Or Years Where Only Part of Property Sold
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 4. Disposition of Proceeds of Sale · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.830 lets a tenant for life or years who holds an undivided share of the whole property, when only part of the property is sold, have that life or term estate equitably set off in the unsold portion instead of, or in addition to, taking a share of the sale proceeds.
Full Text of § 873.830
Plain-English Summary
This section addresses a specific situation: a partition action where only part of the overall property is sold, and one of the interests involved belongs to a tenant for life or years holding an undivided share of the whole. Rather than forcing that tenant's interest into a cash share of the proceeds, the statute lets the tenant's estate be equitably set off in any part of the property that wasn't sold, by way of complete or partial satisfaction of the tenant's share of the proceeds.
That option recognizes that a life estate or term-of-years interest isn't always well served by conversion into cash — setting the interest off against unsold real property can better preserve what the tenant originally bargained for.
This section works alongside § 873.840, which handles the more general question of valuing and distributing a life or term tenant's interest out of the sale proceeds. Selling only part of the property in the first place is authorized by § 872.830, with the remainder divided rather than sold.
Frequently Asked Questions
What happens to a life tenant's interest when only part of the property is sold in a partition action?
The life or term-of-years tenant can have that estate equitably set off in the unsold portion, rather than only receiving a cash share of the proceeds.
Does this apply to any tenant, or only one with an undivided share of the whole property?
It applies specifically to a tenant for life or years holding an undivided share of the whole property.
How does this relate to § 873.840?
Section 873.840 governs valuing and distributing a life or term tenant's interest out of the sale proceeds generally; this section addresses the alternative of setting off that interest in the unsold portion.
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: life tenant partition sale californiatenant for years partition property