CHAPTER 3. Trial [872.610. - 872.840.]

Chapter 3 added by Stats. 1976, Ch. 73.

§§ 872.610–872.840 · 11 sections

1. ARTICLE 1. Determination of Interests of Parties §§ 872.610–872.640 · 4 sections

   • § 872.610 The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.
   • § 872.620 To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the…
   • § 872.630 (a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all liens upon the…
   • § 872.640 Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other.
2. ARTICLE 2. Determination of Right to Partition §§ 872.710–872.730 · 3 sections

   • § 872.710 (a) At the trial, the court shall determine whether the plaintiff has the right to partition. (b) Except as provided in Section 872.730, partition as to…
   • § 872.720 (a) If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the…
   • § 872.730 To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership…
3. ARTICLE 3. Determination of Manner of Partition §§ 872.810–872.840 · 4 sections

   • § 872.810 The court shall order that the property be divided among the parties in accordance with their interests in the property as determined in the interlocutory…
   • § 872.820 Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be divided among the parties in accordance with their…
   • § 872.830 If, in making a determination whether sale would be more equitable than division of the property, the court finds that sale and division of proceeds for part…
   • § 872.840 (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. (b) Upon…