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 § 873.020
This statute means that, when there is a property that is being divided by both partition by sale and partition in kind, the court may appoint separate referees for each manner of partition or it may appoint the same referee. Indeed, Code of Civil Procedure § 872.830 entitled “Partial Division and Sale” specifically allows for co-owned property to be sold, in part, and divided, in part, as part of a partition action.
Law Revision Commission Comments to California Code of Civil Procedure § 873.020
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.020 as follows:
Section 873.020 is new. It makes clear the court’s discretion to appoint referees with different functions where property in an action is to be both divided and sold.
Talkov Law's Partition Attorneys Can Help
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With eleven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 500 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!
If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (877) PARTITION (727-8484) or sending us a message today.
