Code of Civil Procedure section 873.790 is designed to address the practical realities of property sales; that is, closing often involves minor deviations or adjustments from the agreed-upon terms of sale. Section 873.780 grants courts the ability to rule on and approve these adjustments in order to get the property sold.
Code of Civil Procedure section 873.790 states:
(a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser.
(b) The conveyance or transfer of real property and the order authorizing such conveyance or transfer shall be recorded in each county in which the property is located.
“Shawn” and “Julie” are an unmarried couple who want to start a life together. They find a nice home in Los Angeles and buy it as joint tenants. They move in and start their new life 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 all the property and move on with his life, so he sues for partition by sale.
Eventually, the court orders the property sold and the sale proceeds distributed. The court concludes that the property will be sold at a private sale. After the sale occurs, the court confirms the sale on noticed motion by the parties. The sale then goes into closing, and property is transferred via deed to the third-party buyer.
In accordance with section 873.790, the order authorizing the conveyance and the conveyance itself are recorded in the local recorder’s office.
1976 Addition.
Subdivision (a) of Section 873.790 is new. Subdivision (b) continues the substance of the first portion of former Section 787.
As is the case for many of the partition statutes, section 873.790 does not include an “official” Assembly Committee Comment from the California Legislature. But this is not unusual. And this is 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 essentially in line with that of the Revision Commission.
As to the comment here, it mentions that the first section is brand new, and the second section continues the now-repealed section 787. The relevant part of that statute provided:
“The conveyances must be recorded in the county where the premises are situated…”
Ultimately, section 873.790 is a simple and straightforward statute. As one court explained, “Section 873.790 requires no further action by the court; it directs the referee to execute and record the conveyance or transfer upon fulfillment of the terms of sale.” (Solis v. Vallar (1999) 76 Cal.App.4th 710, 713.) So long as the order and conveyance are validly recorded by a notary public, the requirements of section 873.790 are satisfied.
Here at Underwood Law Firm, our knowledgeable attorneys are here to help navigate the complex web of case law and statutes surrounding partitions. If you are thinking of filing a partition, are already in the midst of a partition suit, or just have any questions, please do not hesitate to reach out to our office to learn more about Partition Law.