Referees in Partitions

Will a Partition Sale Yield Fair Market Value for a Property?

Sometimes, co-owners wonder if their co-owned property will be sold for fair market value in a partition action, or whether the process will result in a below market sales price. There are many reasons that partition action sales conducted by a partition referee will generally result in the property being sold for fair market value, … Read More

Code of Civil Procedure § 873.760 (CCP) – Failure of Purchaser to Pay Sale Price; Liability of Purchaser; Relief (Partition Actions)

California Code of Civil Procedure 873.760 is the California partition statute that explains what a party or the partition referee can do in case a purchaser does not follow through with purchasing the house. The statute provides that: If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser … Read More

Code of Civil Procedure § 873.040 (CCP) – Consent of All Parties; Guardian or Conservator (Partition Action)

California Code of Civil Procedure 873.040 is the California partition statute that explains that all parties (or if a party is a minor, the conservator of the minor’s estate) should consent to the appointment of a partition referee. If the parties cannot agree, the court has discretion to appoint a referee. The statute provides that: … Read More

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

Talkov Law is Rated 5 out of 5 stars based on 169 reviews

Contact Us Today for a Free Consultation

For select matters, payment can be deferred until resolution, with monthly billing also available.

Awards and Recognition

We Have Been Featured On:

Offices Throughout California

Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300

Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800

San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800

San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300

San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300

Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300

Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300

The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.