(a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all liens upon the property.
§ 872.630.Duty to Determine Status and Priority of Liens; Appointment of Referee
Title 10.5. Partition of Real and Personal Property · Chapter 3. Trial · Article 1. Determination of Interests of Parties · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.630 requires the court, to the extent necessary, to determine the status and priority of all liens on the property, and allows it to appoint a referee to gather the facts needed for that determination, with the referee's report confirmed, modified, or set aside as the case requires.
Full Text of § 872.630
(b) The court may appoint a referee to ascertain the facts necessary for the determination required by this section. Upon application of the referee or a lienholder, the court shall direct the issuance of process to compel attendance of witnesses, the production of books, documents, or things, and the filing of verified claims. The report of the referee thereon shall be made in writing to the court and shall be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require.
Plain-English Summary
Liens complicate partition because they attach to specific interests and have to be accounted for before property is divided or sold. Subdivision (a) requires the court, to the extent necessary to grant the relief sought or other appropriate relief, to determine the status and priority of every lien on the property -- building on the lien disclosures defendants make in their answers under § 872.420.
Subdivision (b) gives the court a tool for the fact-intensive parts of that work: it may appoint a referee to ascertain the necessary facts. Once appointed, either the referee or a lienholder can apply to the court, which must then direct process compelling witnesses to attend, documents or things to be produced, and verified claims to be filed. The referee reports the findings in writing, and the court confirms, modifies, or sets aside that report and orders a new reference if the justice of the case requires it.
Frequently Asked Questions
Does the court have to sort out competing liens before ordering partition?
Yes, to the extent necessary to grant the relief sought, § 872.630(a) requires the court to determine the status and priority of all liens on the property.
Can the court appoint someone to help gather facts about the liens?
Yes. Subdivision (b) lets the court appoint a referee to ascertain the facts necessary for the lien determination.
What tools does a referee have to gather that information?
Upon application by the referee or a lienholder, the court must direct process compelling attendance of witnesses, production of books, documents, or things, and filing of verified claims.
What happens to the referee's findings?
The referee reports them in writing to the court, which confirms, modifies, or sets aside the report and can order a new reference as the justice of the case requires.
Amendment History
Added by Stats. 1976, Ch. 73.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: lien priority determination partition action californiareferee appointment partition lien dispute