Partition Referee Archives

Code of Civil Procedure § 873.050 (CCP) – Ineligible Persons (Partition Actions)

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

Code of Civil Procedure § 873.030 (CCP) – Appointment; Three Referees (Costs of Partition)

California Code of Civil Procedure 873.030 is the California partition statute that addresses the court’s power to appoint three partition referees. The statute provides that: (a) The court may, with the consent of the parties, appoint three referees to divide or sell the property as ordered by the court. (b) The three referees so appointed … Read More

Code of Civil Procedure § 873.020 (CCP) – Appointment; One or More (Partition Referees)

California Code of Civil Procedure 873.020 is the California partition statute that addresses the court’s power to appoint multiple partition referees. The statute provides that: The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both. California Code of Civil Procedure § … Read More

Code of Civil Procedure 874.240 – Conveyances or Transfers; Conclusiveness (Partition Actions)

California Code of Civil Procedure 874.240 is the California partition statute that solidifies a conveyance or transfer in the same way a judgment would: A conveyance or transfer pursuant to Sections 873.750 and 873.790 or Section 873.960 is binding and conclusive, in the same manner as a judgment. California Code of Civil Procedure § 874.240 Conveyance … Read More

Code of Civil Procedure § 872.030 (CCP) – Civil Actions; Law Governing (Partition Action)

California Code of Civil Procedure 872.030 is the California partition statute that provides definitions for terms used throughout the code for partition actions in California. The statute provides that: The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this … Read More

Code of Civil Procedure § 873.280 (CCP) – Proceedings of Referee; Report; Notice; Contents (Partition In Kind)

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

Code of Civil Procedure § 873.110 (CCP) – Services of Third Persons (Partition Actions)

California Code of Civil Procedure 873.110 is the California partition statute that addresses services provided to the partition referee by third persons in a partition action in California. The statute provides that: Subject to the limitations of this article, the court may: (a) Authorize or approve contracts of the referee for the services and expenses … Read More

Code of Civil Procedure § 873.120 (CCP) – Attorney (Partition Referees)

California Code of Civil Procedure 873.120 is the California partition statute that addresses the procedure for a partition referee to employ an attorney in a partition action in California. The statute provides that: (a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110. (b) The application for approval … Read More

Code of Civil Procedure § 873.130 (CCP) – Surveyor (Partition Actions)

California Code of Civil Procedure 873.130 is the California partition statute that explains the role of a surveyor hired by the referee in a partition action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making … Read More

Code of Civil Procedure § 873.140 (CCP) – Auctioneer (Partition by Sale)

California Code of Civil Procedure 873.140 is the California partition statute that addresses how a partition referee may employ an auctioneer in a partition by sale action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the … Read More