The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in writing.
§ 873.160.Liability On Contracts Made
Title 10.5. Partition of Real and Personal Property · Chapter 4. Referees · Article 2. Contracts of Referee · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.160 shields the referee from personal liability on contracts made or expenses incurred while carrying out the court's orders, unless the referee has expressly assumed that liability in writing.
Full Text of § 873.160
Plain-English Summary
The referee acts as a neutral officer of the court on behalf of the parties and the estate, not as a private contracting party. This section reflects that role: the referee is not personally liable on contracts made, or for expenses incurred, in carrying out the referee's duties.
The only exception is narrow and deliberate. If the referee expressly assumes liability in writing, that assumption controls — otherwise, the referee's official capacity, not personal assets, stands behind the obligations undertaken for the action.
In practice, professionals the referee retains under §§ 873.110-873.150, like attorneys, surveyors, and auctioneers, look to the court-supervised payment process described in § 873.110 for compensation, not to the referee individually.
Frequently Asked Questions
Is the referee personally responsible for contracts entered into for the partition action?
No, generally not.
When would the referee be personally liable?
Only if the referee has expressly assumed that liability in writing.
Who pays contractors like surveyors or auctioneers the referee hires?
They are paid through the court-supervised process described in § 873.110, not by the referee personally.
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 personal liability partition california