California Code of Civil Procedure 873.070 is the California partition statute that gives the partition referee or any party the authority to ask the court for referee duty instructions in a partition action:
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
The Law Revision Comment states that this statute “is intended to enable the referee and parties expeditiously to resolve any administrative problems that arise in the execution of the referee’s duties.” [1]
In other words, this statute was enacted to allow any and all parties to clarify what a referee’s duties are 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 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.
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.
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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 twelve, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 600 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 (877) PARTITION (727-8484) or sending us a message today.
References
| ↑1 | California Code of Civil Procedure 873.070, 1976 Law Revision Comment |
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