The Code of Civil Procedure prescribes several situations where referees may be appointed in partitions actions to oversee actual partition of the property, whether by dividing the property, by sale, or by appraisal. Today, I am going to discuss the role of an appointed referee in connection with a partition of the property by sale. (Code Civ. Proc. § 873.010(a).)
Generally, the court does not appoint a referee until the court has already decided that the parties are entitled to a partition by sale. Absent an agreement among the parties, the choice of a referee is in the discretion of the court. (See Code Civ. Proc. § 873.040(a).) Once the court has appointed the referee, her or she must sell the property in the manner and following the procedures provided in the provisions regarding sale of the property. (Code Civ. Proc. 873.510.) This is usually set forth in the interlocutory judgment for partition issued by the court.
Upon making a sale of property in a partition action, the referee must report the sale to the court. (Code Civ. Proc. § 873.710(a).) This report generally contains information regarding all material facts relevant to the sale and the confirmation proceeding, including, but not limited to, the name of the purchaser, the sale price, description of the property, and any amounts payable to lien holders. (Code Civ. Proc. § 873(b).)
After the referee’s report is made, the sale must be confirmed before it can be final. (Code Civ. Proc. § 873.720(a).) In order to obtain confirmation of the sale, a purchaser, the referee, or any party may move the court to confirm the sale. (Code Civ. Proc. § 872.720(b)(1), (2).) The minimum notice required is 10 days notice to: (a) the purchaser, if the purchaser is not the moving party, and (b) all other parties who have appeared in the action.
Upon confirmation of the sale, the court orders the referee to execute a conveyance or other instrument of transfer to collect the proceeds, take security, and perform other acts required to consummate the sale. (Code Civ. Proc. § 873.750(a).) This order may also direct the referee concerning the distribution, deposit, or securing of sale deposits and sale proceeds. (Code Civ. Proc. § 873.750(b).) Upon the final decree setting forth all matters required in an order confirming the sale, the referee is discharged from his or her duties.
As you can probably tell from this broad overview of the partition by sale process, litigating and resolving partition actions require knowledge of details and mechanics of partition. Our Los Angeles based partition attorneys have experience litigating partition actions and resolving partitions claims throughout Southern California. For a free 30 minute consultation, contact us by filling out the contact box on this page, at (310) 954-1877, at www.schorr-law.com or at email@example.com