Referees in Partition Actions

Part 2, Title 10.5, Chapter 4, Article 1 contains general provisions for referees in civil actions for the partition of real and personal property in California.

Section 873.010 requires the court to appoint a referee to divide or sell the property as ordered by the court. The court may take one of seven specified actions.

Section 873.020 allows the court to appoint a referee for sale and a referee for division, or may appoint a single referee for both.

Section 873.030 authorizes the court, with the consent of the parties, to appoint three referees to divide or sell the property as ordered by the court.

Section 873.040 requires the court to appoint as referee under this title any person or persons to whose appointment all parties have consented.

Section 873.050 prohibits four specified persons from being appointed a referee under this title.

Section 873.060 allows the court to perform any acts necessary to exercise the authority conferred by this title or by order of the court.

Section 873.070 says the referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title.

Section 873.080 provides that, in selling or dividing the property, the referee may, if it will be for the advantage of those interested, designate a portion of the property as a public or private way, road, or street. The referee may also recommend the closure of any or all other roads on the property and allocation of the portion of the property occupied by such roads to the parties.