California Code of Civil Procedure 873.010 is the California partition statute that describes the power and duty of a partition referee as appointed by the court. The statute provides that:
(a) The court shall appoint a referee to divide or sell the property as ordered by the court.
California Code of Civil Procedure 873.010
(b) The court may:
(1) Determine whether a referee’s bond is necessary and fix the amount of the bond.
(2) Instruct the referee.
(3) Fix the reasonable compensation for the services of the referee and provide for payment of the referee’s reasonable expenses.
(4) Provide for the date of commencement of the lien of the referee allowed by law.
(5) Require the filing of interim or final accounts of the referee, settle the accounts of the referee, and discharge the referee.
(6) Remove the referee.
(7) Appoint a new referee.
The most important part of this statute is the mandate that “The court shall appoint a referee to divide or sell the property as ordered by the court.”[1]Code of Civil Procedure 873.010(a) This gives the court no discretion to turn down the appointment of a referee so long as the plaintiff is indeed entitled to partition. In most cases, the right to partition is absolute such that the court will be required to enter a judgment of partition appointing a referee, usually to market and sell the property.[2]Code of Civil Procedure 872.720
This statute dovetails with California Code of Civil Procedure 873.060 providing that: “The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court.” In turn: “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 Civil Procedure 873.070.
Contact an Experienced Partition Attorney in California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!
References
| ↑1 | Code of Civil Procedure 873.010(a) |
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| ↑2 | Code of Civil Procedure 872.720 |
