California Code of Civil Procedure 873.160 is the California partition statute that releases partition referees of liability for contracts made or expenses incurred unless explicitly in writing. The statute provides that:
The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in writing.
California Code of Civil Procedure § 873.160
Law Revision Commission Comments to California Code of Civil Procedure § 873.160
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.160 as follows:
Section 873.160 is new. The contract itself may provide a means of payment, e.g., the commission of an auctioneer or a real estate broker from the proceeds of sale. In other cases, particularly where the property is divided, the third person will have lien rights. See Section 874.120 (lien for costs).
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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 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!
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