Code of Civil Procedure 873.510 CCP – Sale by Referee (Manner of Sale in Partition Actions)


California Code of Civil Procedure 873.510 is the California partition statute that provides for the manner of sale of partitioned property by the partition referee. The statute provides that:

The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided in this chapter.

California Code of Civil Procedure 873.510

The meaning of Section 873.510 is set forth in the subsequent sections on the manner of sale in a partition action. Specifically, a referee can make recommendations to the court concerning the manner, terms, and conditions of sale, including whether to conduct a public auction or private sale. [1]California Code of Civil Procedure 873.520; California Code of Civil Procedure 873.610(b) The referee must provide notice of the sale in the same manner required for notice of sale by execution.[2]California Code of Civil Procedure 873.640 The referee also must provide a detailed report to the court after the sale and prior to the court’s confirmation of the sale.[3]California Code of Civil Procedure 873.710 At the hearing to confirm the sale, the court may either confirm the sale or vacate the sale if certain findings are made, or the court may vacate the sale and accept an increased offer by a responsible bidder at the hearing.[4]California Code of Civil Procedure 873.730; California Code of Civil Procedure 873.740

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15 minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

About Talkov Law

The attorneys at Talkov Law practice real estate law, family law, business law, and bankruptcy law. Our experienced lawyers specialize in assisting all parties involved in these civil disputes by providing the best legal representation.

Talkov Law is Rated 5 out of 5 stars based on 89 customer reviews.

Contact Us to Schedule Your Complimentary Consultation

      Awards and Recognition

      Super Lawyers
      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      Recent Blog Posts

      Talkov Law is one of California's preeminent law firms for partition, real estate, business, bankruptcy, and family law litigation, disputes, trials and appeals. Our attorneys have been awarded by some of the most esteemed legal organizations, including Avvo, Justia, Lead Counsel, Expertise, Super Lawyers, and Three Best Rated. Call (844) 4-TALKOV for a free consultation. The lawyers at Talkov Law serve Los Angeles, Orange County, San Diego, Riverside, San Bernardino County, San Jose, Sacramento, San FranciscoPalo Alto, Palm SpringsSanta Barbara, Redding, Oakland, Monterey Bay, Long Beach, Walnut Creek, Santa Rosa, San Fernando Valley, San Gabriel Valley, Bakersfield, and Fresno.

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.