California Code of Civil Procedure 873.060 is the California partition statute that gives the partition referee authority to do what is necessary in a partition action:
The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court.
California Code of Civil Procedure 873.060
This statute gives partition referees enormous flexibility to market and sell a property involved in a partition action.
This statute dovetails with California Code of Civil Procedure 873.010(b)(2) providing that: “The court may… Instruct the referee.” In turn: “The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title.” California Code of Civil Procedure 873.070.
In other words, the referee or any party may request instructions, the court may provide instructions, and the referee may perform any acts necessary to exercise the authority of the order of the court providing instructions. It is wise to request those instructions in advance when asking for the appointment of the partition referee.
Contact an Experienced Partition Attorney in California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!
