The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both.
§ 873.020.Appointment of Referee For Sale and Referee For Division Or Single Referee
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 873.020 gives the court discretion to appoint separate referees, one to handle the sale of the property and another to handle its division, or to appoint a single referee to perform both tasks.
Full Text of § 873.020
Plain-English Summary
Dividing property and selling it call for different skills and different work. This section lets the court match the appointment to the job: it can appoint one referee to divide the property and a different referee to sell it, or it can appoint a single referee to do both.
The choice is left entirely to the court's discretion, based on the needs of the particular case. A large, complex parcel bound for both a partial division and a partial sale might call for specialists in each task, while a simpler case might be handled efficiently by one referee throughout.
Section 873.030 offers a further option when the parties consent: appointing three referees to divide or sell the property together.
Frequently Asked Questions
Must the court appoint two different referees for a sale and a division?
No. Section 873.020 leaves that choice to the court's discretion, and a single referee may handle both tasks.
Can one referee handle both the sale and the division of the property?
Yes, the court may appoint a single referee for both purposes.
Why might a court choose separate referees for sale and division?
The statute doesn't require a reason, but different tasks can call for different expertise or workload, and the court weighs that when deciding.
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: referee for sale vs referee for division california