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 shall have all the powers and may perform all the duties required of one referee.
California Code of Civil Procedure § 873.030
While appointing three referees in a partition action is exceedingly rare, the courts do have the authority to appoint up to three different partition referees. More commonly, Code of Civil Procedure § 873.020 is the authority cited for appointment of one referee.
Law Revision Commission Comments to California Code of Civil Procedure § 873.030
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.030 as follows:
Section 873.030, providing for court appointment of three referees only with the consent of the parties, replaces provisions of former Section 763 that provided for appointment of three referees as a matter of course.
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If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 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!
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