§ 873.840. — 873.840. (Added by Stats. 1976, Ch. 73.)

California § 873.840.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 10.5.
• Part 2.: TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY
• Ch. 6.: CHAPTER 6. Sale of the Property
• Art. 4.: ARTICLE 4. Disposition of Proceeds of Sale

Text

(a)
The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for life or years and shall order such amount distributed to him or held for his benefit.
(b)
The court shall ascertain the proportional value of any vested or contingent future right or estate in the property and shall direct such proportion of the proceeds of sale to be distributed, secured, or held in such a manner as to protect the rights and interests of the parties.
(c)
Notwithstanding any other provision of this section, in the case of an estate for life or defeasible estate with remainder over, the court may direct that the entire proceeds of sale be placed in trust as provided in this section upon a showing that the establishment of such a trust is economically feasible and will serve the best interests of the parties. The court shall appoint a trustee, upon security satisfactory to the court, who under court supervision shall invest and reinvest the proceeds, pay the income of the investments, if any, to the life tenant or owner of the defeasible interest, and upon termination of the life or defeasible estate, deliver or pay the corpus of the trust estate to the remainderman. The court shall retain jurisdiction over the settlement of the accounts of the trustee and in all matters necessary for the proper administration of the trust and the final distribution of the trust fund.

Legislative History

Added by Stats. 1976, Ch. 73.