California Code of Civil Procedure 873.750 is the California partition statute that gives the court the authority to order that the partition referee consummate the sale of the property. The statute provides that:
(a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to collect the proceeds, take security, and perform other acts required to consummate the sale.
Law Revision Commission Comments to California Code of Civil Procedure § 873.750
In 1976, the California Legislative Committee explained California Code of Civil Procedure § 873.750 as follows:
Section 873.750 continues the substance of the first two sentences of former Section 785 and supersedes former Section 777. Section 873.750 states the court’s authority in broader terms than the former sections, which referred only to “proceeds of sale.” These are to be distributed to the person entitled when the court directs or are to be paid into court or deposited therein. However, substantial sums may be held by the referee or others pending a sale. These funds, as well as technical “proceeds of sale,” should be subject to the court’s order. For provisions concerning the disposition of the proceeds of sale, see Article 4 (commencing with Section 873.810).
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 six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 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!