Partition Statutes

Code of Civil Procedure § 873.120 (CCP) – Attorney (Partition Referees)

California Code of Civil Procedure 873.120 is the California partition statute that addresses the procedure for a partition referee to employ an attorney in a partition action in California. The statute provides that: (a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110. (b) The application for approval … Read More

Code of Civil Procedure § 873.130 (CCP) – Surveyor (Partition Actions)

California Code of Civil Procedure 873.130 is the California partition statute that explains the role of a surveyor hired by the referee in a partition action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making … Read More

Code of Civil Procedure § 873.140 (CCP) – Auctioneer (Partition by Sale)

California Code of Civil Procedure 873.140 is the California partition statute that addresses how a partition referee may employ an auctioneer in a partition by sale action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the … Read More

Code of Civil Procedure § 873.250 (CCP) – Owelty (Partition In Kind)

California Code of Civil Procedure 873.250 is the California partition statute that addresses owelty payments in a partition action involving partition in-kind in California. The statute provides that: (a) Where division cannot be made equally among the parties according to their interests without prejudice to the rights of some, compensation may be required to be … Read More

Code of Civil Procedure 873.070 – Petition for Instructions (Partition Actions)

California Code of Civil Procedure 873.070 is the California partition statute that gives the partition referee or any party the authority to ask the court for referee duty instructions in a partition action: The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title. California Code of … Read More

Code of Civil Procedure 873.060 Authority of Referee in Partition Actions

Code of Civil Procedure 873.060 – Authority of Referee (Partition Actions)

California Code of Civil Procedure 873.060 is the California partition statute that gives the partition referee authority to do what is necessary in a partition action: The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court. California Code of Civil Procedure 873.060 This statute gives partition … Read More

Code of Civil Procedure 874.210 - Persons Bound by Judgment (Partition Actions)

Code of Civil Procedure 874.210 – Persons Bound by Judgment (Partition Actions)

California Code of Civil Procedure 874.210 is the California partition statute explaining the binding legal effect of a partition judgment as follows: The judgment in the action is binding and conclusive on all of the following: (a) All persons known and unknown who were parties to the action and who have or claim any interest in the … Read More

Code of Civil Procedure 873.690 – Ineligible Purchasers; Bona Fide Purchaser (Partition Actions)

California Code of Civil Procedure 873.690 is the California partition statute that states who is ineligible to purchase the subject property in a partition action: (a) The following persons shall not purchase property sold in the action directly or indirectly: (1) The referee.(2) The attorney of a party.(3) The guardian or conservator of a party, unless for … Read More

Code of Civil Procedure 873.930 CCP – Agreement; Application for Approval (Partition Actions)

California Code of Civil Procedure 873.930 is the California partition statute that allows parties to submit an agreement to the court and gives the court authority to approve that agreement in a partition by appraisal: (a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement. (b) If the court determines … Read More

Code of Civil Procedure 873.950 Motion to Confirm, Modify, or Set Aside Report

Code of Civil Procedure 873.940 CCP – Referees; Appointment; Report (Partition Actions)

California Code of Civil Procedure 873.940 is the California partition statute that allows the court to appoint referees in a partition by appraisal: The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall report the valuations and other findings to the court … Read More

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