(a) The court shall appoint as referee under this title any person or persons to whose appointment all parties have consented.
§ 873.040.Consent to Person Appointed
Title 10.5. Partition of Real and Personal Property · Chapter 4. Referees · Article 1. General Provisions · Last amended 1979 · Last verified July 28, 2026
In one sentenceSection 873.040 requires the court to appoint whoever all the parties have agreed on as referee, and lets a guardian or conservator of the estate consent on behalf of a minor party or a party under conservatorship.
Full Text of § 873.040
(b) In the case of a minor party or a party for whom a conservator of the estate has been appointed, the guardian or conservator of the estate of the party may so consent.
Plain-English Summary
When the parties to a partition action can agree on who should serve as referee, the court must honor that agreement. Subdivision (a) requires the court to appoint any person or persons all the parties have consented to.
Subdivision (b) makes sure a minor party or a party with a conservator of the estate isn't left out of that process. The guardian or conservator of the estate may give consent on that party's behalf, so unanimous agreement remains possible even when not every party can consent personally.
Party agreement drives the appointment, but it operates alongside the categorical restrictions in § 873.050, which bars certain people — such as an owner of an interest in the property — from serving as referee regardless of who the parties would prefer.
Frequently Asked Questions
Can the parties agree on who will serve as the referee?
Yes. Section 873.040(a) requires the court to appoint any person the parties have all consented to.
What if one of the parties is a minor or has a conservator?
The guardian or conservator of that party's estate may give consent to the appointment on the party's behalf.
Does party agreement override the restrictions on who can serve as referee?
Section 873.050 bars certain people from appointment as referee regardless of consent, so the parties' agreement operates within those limits.
Amendment History
Amended by Stats. 1979, Ch. 730.
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: consent to referee appointment partition california