California Code of Civil Procedure 873.690 is the California partition statute that states who is ineligible to purchase the subject property in a partition action:
(a) The following persons shall not purchase property sold in the action directly or indirectly:
(1) The referee.
(2) The attorney of a party.
(3) The guardian or conservator of a party, unless for the benefit of the ward or conservatee.(b) All sales contrary to this section are void except that a sale to a bona fide purchaser following a sale contrary to this section shall not be disturbed.
California Code of Civil Procedure 873.930
Similary, the partition statutes provide limitations on ineligible persons who can serve as a partition referee.
Law Revision Commission Comments to California Code of Civil Procedure § 873.690
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.690 as follows:
Because the parties listed in this section may not purchase the property ‘directly or indirectly,’ neither they nor persons for their behalf may purchase the property… It should be noted that Section 873.690 precludes the listed parties only in partition sales. Sales made to enforce the lien of a referee, attorney, or guardian ad litem imposed under this title are sales in which those persons may be interested and may participate.
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!
