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.
(b) The conveyance or transfer of real property and the order authorizing such conveyance or transfer shall be recorded in each county in which the property is located.
California Code of Civil Procedure 873.790
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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