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:
(a) The court shall appoint as referee under this title any person or persons to whose appointment all parties have consented.
(b) In the case of a minor party or a party for whom a conservator of the estate has been appointed, the guardian or conservator of the estate of the party may so consent.California Code of Civil Procedure § 873.040
Law Revision Commission Comments to California Code of Civil Procedure § 873.040
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.040 as follows:
Section 873.040 continues without substantive change a portion of former Section 763. See Section 872.010 (defining guardian). It should be noted that the parties may nominate persons to serve as referee but, absent agreement among the parties, the choice of a referee is in the discretion of the court.
In 1979, the California Law Revision Commission explained California Code of Civil Procedure § 873.040 as follows:
Section 873.040 is amended to substitute a reference to a party for whom a conservator of the estate has been appointed for the former reference to an incompetent. When a person for whom a conservator has been appointed is a party to litigation, he or she must appear by the conservator or by a guardian ad litem. Code Civ.Proc. § 372. When the conservator has made the appearance, the conservator should be the one to take any procedural steps in the litigation, including the giving of consent to the appointment of a referee under Section 873.040.
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 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!