Code of Civil Procedure (CCP) Section 873.510 – Sale by Referee
Code of Civil Procedure section 873.510 requires the referee to follow the partition statutes when selling the property. This statute is important because it subjects the referee to legal authority that outlines the referee’s duties.
Code of Civil Procedure section 873.510 states
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.
(Amended by Stats. 1976, c. 73, p. 110, § 6.)
What is an example? “Shawn” and “Julie” are an unmarried couple who want to buy a home together. They find a nice home in Los Angeles and buy it as joint tenants with a one-half interest each. They then move in together.
Unfortunately, Shawn and Julie’s relationship doesn’t work out, and they break up. They cannot agree on what to do with the property. Shawn wants to sell the property and move on with his life, so he sues for partition by sale.
Eventually, the court orders a partition by sale, and appoints a referee to oversee the partition. The referee is required to conduct the sale while complying with the procedures of CCP § 873.510 – 873.850. This includes requirements for conducting a public or private auction and how to distribute the sale proceeds.
Law Revision Commission Comments (CCP § 873.510) 1976 Addition
Section 873.510 is new.
Assembly Committee Comments As is the case with most of the partition statutes, section 873.510 does not include a an “official” Assembly Committee Comment from the California Legislature. But this is not unusual. That’s because the Legislature endorsed an overall adoption of the Law Revision Commission suggestions when it passed the new partition statutes in 1976.
In fact, the introduction to Assembly Bill 1671 (the bill that contained the new partition laws) states that the Revision Commission’s recommendations “reflect the intent of the Assembly Committee… in approving the various provisions of Assembly Bill 1671.” This demonstrates that the intent of the Legislature was substantially in line with that of the Revision Commission.
As to the statute and comment, there’s little here that needs explanation. Section 873.510 is the statutory equivalent to the title of a book chapter. It just provides that if the referee makes the sale, they must do so under the provisions which are to follow.
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