California Code of Civil Procedure 873.790 is the California partition statute that addresses the execution of conveyance by the partition referee upon sale of the property in a partition action. The statute provides that:
(a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser.
One case noted: “Section 873.790 requires no further action by the court; it directs the referee to execute and record the conveyance or transfer upon fulfillment of the terms of sale. Section 873.960 governs transfer of title in a partition by appraisal rather than by sale.” Solis v. Vallar (1999) 76 Cal.App.4th 710, 713.
Law Revision Commission Comments to California Code of Civil Procedure § 873.790
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.790 as follows:
Subdivision (a) of Section 873.790 is new. Subdivision (b) continues the substance of the first portion of former Section 787.
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