(a) The court may, with the consent of the parties, appoint three referees to divide or sell the property as ordered by the court.
§ 873.030.Three Referees Appointed to Divide and Sell
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 873.030 lets the court, with the consent of all parties, appoint three referees instead of one to divide or sell the property, with the three together holding all the powers and duties a single referee would have.
Full Text of § 873.030
(b) The three referees so appointed shall have all the powers and may perform all the duties required of one referee.
Plain-English Summary
Unlike the court's own discretion to split sale and division duties under § 873.020, appointing three referees under this section requires the parties' agreement. If all parties consent, the court may appoint three referees to divide or sell the property as it has ordered.
Three referees can make sense for a large or contentious partition, spreading the work and adding a check against any one referee's error or bias. But the statute doesn't multiply the referee's authority — it only multiplies the number of people exercising it.
Subdivision (b) makes that clear: the three referees together have all the powers and duties a single referee would have, not additional powers beyond what one referee could exercise.
Frequently Asked Questions
Does the court need the parties' consent to appoint three referees?
Yes. Section 873.030(a) conditions this option on the consent of the parties.
Do three referees have more authority than one referee would have?
No. Section 873.030(b) gives the three referees, collectively, the same powers and duties as a single referee.
How is this different from appointing separate referees for sale and division under § 873.020?
Section 873.020 lets the court split sale and division duties on its own; this section lets the court appoint three referees together, but only with the parties' consent.
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: three referees partition california