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Partition Referees

Code of Civil Procedure 873.750 CCP – Confirmation of Sale; Duties of Referee (Partition Actions)

California Code of Civil Procedure 873.750 is the California partition statute that gives the court the authority to order that the partition referee consummate the sale of the property. The statute provides that: (a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to … Read More

Code of Civil Procedure 873.960 – Hearing; Confirmation of Report; Conditions; Judgment (Partition by Appraisal)

California Code of Civil Procedure 873.960 is the California partition statute that addresses the confirmation of the report the partition referee upon transfer of the property in a partition by appraisal. The statute provides that: At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, … Read More

Code of Civil Procedure 873.780 – Closing of Sale After Confirmation; Adjustments; Order (Partition Sales)

California Code of Civil Procedure 873.780 is the California partition statute that states that the court may adjust the terms of sale in a partition action. The statute provides that: The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree … Read More

Code of Civil Procedure § 873.160 (CCP) – Liability of Referee (Partition Referees)

California Code of Civil Procedure 873.160 is the California partition statute that releases partition referees of liability for contracts made or expenses incurred unless explicitly in writing. The statute provides that: The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in … Read More

Code of Civil Procedure § 873.080 (CCP) – Designation of Public and Private Ways (Partition Referees)

California Code of Civil Procedure 873.080 is the California partition statute that gives partition referees the authority to designate a portion of a property as a road or close roads as he or she sees fit. The statute provides that: (a) In selling or dividing the property, the referee may, if it will be for … Read More

Code of Civil Procedure § 873.150 (CCP) – Interest on Unpaid Contracts (Partition Referee)

California Code of Civil Procedure 873.150 is the California partition statute that addresses payment to third party contractors by a referee in a partition action in California. The statute provides that: A contract for the services of an attorney, surveyor, auctioneer, or other third person may provide for the accrual of interest at a rate … Read More

Code of Civil Procedure § 873.050 (CCP) – Ineligible Persons (Partition Actions)

California Code of Civil Procedure 873.050 is the California partition statute that addresses who is ineligible to be appointed as partition referee in a partition action in California. The statute provides that: None of the following persons shall be appointed a referee under this title: (a) A clerk or deputy clerk of the court. (b) … Read More

Code of Civil Procedure § 873.030 (CCP) – Appointment; Three Referees (Costs of Partition)

California Code of Civil Procedure 873.030 is the California partition statute that addresses the court’s power to appoint three partition referees. The statute provides that: (a) The court may, with the consent of the parties, appoint three referees to divide or sell the property as ordered by the court. (b) The three referees so appointed … Read More

Code of Civil Procedure § 873.020 (CCP) – Appointment; One or More (Partition Referees)

California Code of Civil Procedure 873.020 is the California partition statute that addresses the court’s power to appoint multiple partition referees. The statute provides that: The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both. California Code of Civil Procedure § … Read More

Code of Civil Procedure 874.240 – Conveyances or Transfers; Conclusiveness (Partition Actions)

California Code of Civil Procedure 874.240 is the California partition statute that solidifies a conveyance or transfer in the same way a judgment would: A conveyance or transfer pursuant to Sections 873.750 and 873.790 or Section 873.960 is binding and conclusive, in the same manner as a judgment. California Code of Civil Procedure § 874.240 Conveyance … Read More

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