C-25 - Code of Civil Procedure

Section 810 Disposition versions

1994-01-01

810. In granting an application for partition of undivided property, the court orders either a partition in kind, if the property can conveniently be partitioned or allotted, or the sale of the property in accordance with the provisions of this Code which concern the sale of the property of others.

The court may, if necessary or convenient, appoint a practitioner to complete the liquidation of the succession or to make a proposal.

1965 (1st sess.), c. 80, a. 810; 1966, c. 21, s. 14; 1992, c. 57, s. 367.

1977-12-31

810. The court, if it orders a partition, appoints at the same time a practitioner to proceed with the formation of shares, in conformity with the provisions of articles 702 to 704 of the Civil Code.

The practitioner proceeds in the manner contemplated in articles 414 to 425 of this Code; his report must be homologated, on motion; the motion may be contested.

The court which homologates the report appoints the prothonotary, or some other person whom it designates, to proceed with the drawing of shares; minutes of this operation must be filed in the record.

1965 (1st sess.), c. 80, a. 810; 1966, c. 21, s. 14.