(a) Any party, upon notice to the other parties who have appeared, may move the court to confirm, modify, or set aside the report.
(b) At the hearing, the court may either confirm the report as filed or as the court may modify and enter judgment of partition accordingly or set aside the report and order preparation of a new report and, if necessary, appoint a new referee for this purpose.
(c) The division is effective and title vests in accordance therewith upon entry of judgment of partition.California Code of Civil Procedure 873.290
This statute allows parties and later the court to confirm, modify, or set aside the report prepared by the partition referee. The court may then either confirm the report, modify the report, or set aside the report. Once the report has either been confirmed or the report has been modified and a judgment entered, the property will be divided as described in the referee’s report.
Note that this statute only applies to partition in kind, or physical division of property. California Code of Civil Procedure 873.720 applies instead if the property is being sold.
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!