Partition Referee Archives

Can You Evict a Co-owner of a House?

Co-Owner’s Right to Evict Their Co-Owner Co-ownership can present many headaches, including shared expenses, sharing a common space, and, most importantly, agreeing when to sell the property. Co-owners might be wondering how to evict a co-owner when there is confusion as to who has the right to live in a co-ownership home. Unfortunately for co-owners … Read More

Partition Referee Reports on Offsets and Accounting Talkov Law Partition Attorneys

Partition Referee Reports on Offsets & Accounting

Other than forcing the sale of the property through an interlocutory judgment under CCP § 872.720, perhaps the most hotly contested issues in a California partition action are the offsets whereby one co-owner alleges that they have paid more than their fractional share of costs for the property, thereby seeking to recover an excessive down … Read More

Will a Partition Sale Yield Fair Market Value for a Property?

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

Code of Civil Procedure § 873.760 (CCP) – Failure of Purchaser to Pay Sale Price; Liability of Purchaser; Relief (Partition Actions)

California Code of Civil Procedure 873.760 is the California partition statute that explains what a party or the partition referee can do in case a purchaser does not follow through with purchasing the house. The statute provides that: If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser … Read More

Code of Civil Procedure § 873.040 (CCP) – Consent of All Parties; Guardian or Conservator (Partition Action)

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

Code of Civil Procedure 873.750 CCP – Confirmation of Sale; Duties of Referee (Partition Actions)

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 … Read More

Code of Civil Procedure 873.960 – Hearing; Confirmation of Report; Conditions; Judgment (Partition by Appraisal)

California Code of Civil Procedure 873.960 is the California partition statute that addresses the confirmation of the report the partition referee upon transfer of the property in a partition by appraisal. The statute provides that: At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, … Read More

Code of Civil Procedure § 873.160 (CCP) – Liability of Referee (Partition Referees)

California Code of Civil Procedure 873.160 is the California partition statute that releases partition referees of liability for contracts made or expenses incurred unless explicitly in writing. The statute provides that: The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in … Read More

Code of Civil Procedure § 873.080 (CCP) – Designation of Public and Private Ways (Partition Referees)

California Code of Civil Procedure 873.080 is the California partition statute that gives partition referees the authority to designate a portion of a property as a road or close roads as he or she sees fit. The statute provides that: (a) In selling or dividing the property, the referee may, if it will be for … Read More

Code of Civil Procedure § 873.150 (CCP) – Interest on Unpaid Contracts (Partition Referee)

California Code of Civil Procedure 873.150 is the California partition statute that addresses payment to third party contractors by a referee in a partition action in California. The statute provides that: A contract for the services of an attorney, surveyor, auctioneer, or other third person may provide for the accrual of interest at a rate … Read More