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Code of Civil Procedure § 873.050 (CCP) – Ineligible Persons (Partition Actions)

California Code of Civil Procedure 873.050 is the California partition statute that addresses who is ineligible to be appointed as partition referee in a partition action in California. The statute provides that:

None of the following persons shall be appointed a referee under this title:

(a) A clerk or deputy clerk of the court.

(b) A former or present partner or employee of the judge.

(c) A relative within the third degree of the judge or the judge’s spouse or the spouse of such a relative.

(d) An owner of any interest in the property that is the subject of the action.

California Code of Civil Procedure § 873.050

Similarly, the partition statutes provide limitations on ineligible purchasers in a partition action.

Law Revision Commission Comments to California Code of Civil Procedure § 873.050

In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.050 as follows:

Section 873.050 continues provisions formerly found in Section 763.

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!

If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.

Attorney Colleen Sparks
About Colleen Talkov

Colleen Talkov is a Partition Attorney at Talkov Law in California. She can be reached at (844) 4-TALKOV (825568) or colleen@talkovlaw.com.

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