Sometimes, co-owners wonder if their co-owned property will be sold for fair market value in a partition action, or whether the process will result in a below market sales price. There are many reasons that partition action sales conducted by a partition referee will generally result in the property being sold for fair market value, … Read More
California Code of Civil Procedure 873.040 is the California partition statute that explains that all parties (or if a party is a minor, the conservator of the minor’s estate) should consent to the appointment of a partition referee. If the parties cannot agree, the court has discretion to appoint a referee. The statute provides that: … Read More
California Code of Civil Procedure 873.050 is the California partition statute that addresses who is ineligible to be appointed as partition referee in a partition action in California. The statute provides that: None of the following persons shall be appointed a referee under this title: (a) A clerk or deputy clerk of the court. (b) … Read More
California Code of Civil Procedure 873.280 is the California partition statute that explains the content of the partition referee‘s report in a partition action in California. The statute provides that: (a) The referee shall file with the court a report of the referee’s proceedings and give written notice of filing to each party who has … Read More
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 … Read More
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