(a) The court shall appoint a referee to divide or sell the property as ordered by the court.
§ 873.010.Appointment By Court, Powers of Court
Title 10.5. Partition of Real and Personal Property · Chapter 4. Referees · Article 1. General Provisions · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.010 requires the court to appoint a referee to divide or sell partitioned property as ordered, and lets the court set a bond, instruct the referee, fix compensation and expenses, control the referee's lien, require and settle accounts, and remove or replace the referee.
Full Text of § 873.010
(b) The court may:
(1) Determine whether a referee's bond is necessary and fix the amount of the bond.
(2) Instruct the referee.
(3) Fix the reasonable compensation for the services of the referee and provide for payment of the referee's reasonable expenses.
(4) Provide for the date of commencement of the lien of the referee allowed by law.
(5) Require the filing of interim or final accounts of the referee, settle the accounts of the referee, and discharge the referee.
(6) Remove the referee.
(7) Appoint a new referee.
Plain-English Summary
Once the court has decided how the property will be partitioned, this section is the mandatory next step: the court must appoint a referee to carry out either the division or the sale. Appointment isn't discretionary — it follows automatically from the court's determination of the manner of partition under § 872.810 or § 872.820.
Subdivision (b) then gives the court a set of supervisory tools it can use as the case requires. The court can require a bond from the referee, give instructions, fix the referee's compensation and provide for reimbursement of expenses, set when the referee's statutory lien begins, require interim or final accountings and settle them when the referee is discharged, and remove a referee and appoint a replacement.
These are the court's own oversight powers over the referee it appoints. A separate set of rules in §§ 873.110-873.160 governs the referee's own contracts with outside professionals like attorneys and surveyors.
Frequently Asked Questions
Does the court have any discretion about whether to appoint a referee?
No. Section 873.010(a) requires the court to appoint a referee to divide or sell the property as the court has ordered.
What financial controls can the court impose on the referee?
The court may require a bond, fix reasonable compensation, provide for payment of the referee's reasonable expenses, and set the date when the referee's statutory lien begins.
Can the court remove a referee after appointment?
Yes. Section 873.010(b)(6) and (7) let the court remove a referee and appoint a new one.
Is the referee required to account to the court?
The court may require interim or final accounts, and it settles those accounts and discharges the referee once satisfied.
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: partition referee appointment californiareferee compensation partition action