Code of Civil Procedure § 873.280 (CCP) – Proceedings of Referee; Report; Notice; Contents (Partition In Kind)

California Code of Civil Procedure 873.280 is the California partition statute that explains the content of the partition referee‘s report in a partition action in California. The statute provides that:

(a) The referee shall file with the court a report of the referee’s proceedings and give written notice of filing to each party who has appeared in the action.

(b) The report shall include all of the following:

(1) A specification of the manner in which the referee has executed the referee’s trust.

(2) A description of the property divided and of the share allotted to each party, along with any recommendation as to owelty.

(3) Any recommendation as to opening and closing public and private ways, roads, streets, and easements.

California Code of Civil Procedure § 873.280

The law provides that the referee’s report is subject to a motion to confirm, modify or set aside report and to a hearing hearing where a judgment would be entered. Code of Civil Procedure § 873.960.

Law Revision Commission Comments to California Code of Civil Procedure § 873.280

In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.280 as follows:

Section 873.280 continues the substance of the first sentence of former Section 765 with the added requirement of any recommendations as to owelty (Section 873.250) and as to public and private ways (Section 873.090). The description required by subdivision (b)(2) must be by metes and bounds, or lots and blocks, or such other method as will enable the precise location of each portion.

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 colleen@talkovlaw.com.

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