Code of Civil Procedure 873.510 CCP – Sale by Referee (Manner of Sale in Partition Actions)

California Code of Civil Procedure 873.510 is the California partition statute that provides for the manner of sale of partitioned property by the partition referee. The statute provides that:

The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided in this chapter.

California Code of Civil Procedure 873.510

The meaning of Section 873.510 is set forth in the subsequent sections on the manner of sale in a partition action. Specifically, a referee can make recommendations to the court concerning the manner, terms, and conditions of sale, including whether to conduct a public auction or private sale. ^[1]California Code of Civil Procedure 873.520; California Code of Civil Procedure 873.610(b) The referee must provide notice of the sale in the same manner required for notice of sale by execution.^[2]California Code of Civil Procedure 873.640 The referee also must provide a detailed report to the court after the sale and prior to the court’s confirmation of the sale.^[3]California Code of Civil Procedure 873.710 At the hearing to confirm the sale, the court may either confirm the sale or vacate the sale if certain findings are made, or the court may vacate the sale and accept an increased offer by a responsible bidder at the hearing.^[4]California Code of Civil Procedure 873.730; California Code of Civil Procedure 873.740

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 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.