California Code of Civil Procedure 873.290 is the California partition statute that allows a party to confirm, modify, or set aside the referee’s report in a partition in kind:
(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.
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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 eight, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 470 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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