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 seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 300 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

Talkov Law is Rated 5 out of 5 stars based on 38 customer reviews.

Contact Us Today for a Free Consultation & Pay No Retainer

Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.