SECTIONS 873.210-873.290 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 873.210-873.290

873.210. The referee appointed by the court to make a division of
the property shall divide the property and allot the several portions
to the parties, quality and quantity relatively considered,
according to their interests in the property as determined in the
interlocutory judgment.

873.220. As far as practical, and to the extent it can be done
without material injury to the rights of the other parties, the
property shall be so divided as to allot to a party any portion that
embraces improvements made by that party or that party's predecessor
in interest. In such division and allotment, the value of such
improvements shall be excluded.

873.230. Where prior to the commencement of the action a party has
executed a deed purporting to convey to a purchaser a portion of the
property to be divided, to the extent it can be done without material
injury to the rights of the other parties, the property shall be so
divided as to allot that portion to the purchaser, the purchaser's
heirs or assigns, or such other action taken as to make the deed
effectual as a conveyance of that portion of the property.

873.240. Where real property consists of more than one distinct lot
or parcel, the property shall be divided by such lots or parcels
without other internal division to the extent that it can be done
without material injury to the rights of the parties.

873.250. (a) Where division cannot be made equally among the
parties according to their interests without prejudice to the rights
of some, compensation may be required to be made by one party to
another to correct the inequality.
(b) No compensation shall be required to be made to others by
unknown owners or by minors unless it appears that a minor has
personal property sufficient for that purpose and the minor's
interest will be promoted thereby.

873.260. Where a lien is on an undivided interest of a party, the
lien shall, upon division of the property, become a charge only on
the share allotted to that party.

873.270. Where the court has determined the combined interests of
two or more unknown parties, the entire portion of the property
allocated to such parties shall remain undivided.

873.280. (a) The referee shall file with the court a report of the
referee's proceedings and give written notice of filing to each party
who has appeared in the action.
(b) The report shall include all of the following:
(1) A specification of the manner in which the referee has
executed the referee's trust.
(2) A description of the property divided and of the share
allotted to each party, along with any recommendation as to owelty.
(3) Any recommendation as to opening and closing public and
private ways, roads, streets, and easements.

873.290. (a) Any party, upon notice to the other parties who have
appeared, may move the court to confirm, modify, or set aside the
report.
(b) At the hearing, the court may either confirm the report as
filed or as the court may modify and enter judgment of partition
accordingly or set aside the report and order preparation of a new
report and, if necessary, appoint a new referee for this purpose.
(c) The division is effective and title vests in accordance
therewith upon entry of judgment of partition.