The referee appointed by the court to make a division of the property shall divide the property and allot the several portions to the parties, quality and quantity relatively considered, according to their interests in the property as determined in the interlocutory judgment.
§ 873.210.Duty of Referee Appointed to Divide Property
Title 10.5. Partition of Real and Personal Property · Chapter 5. Division of the Property · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.210 requires a referee appointed to divide the property to allot portions to each party in proportion to the ownership interests already established in the interlocutory judgment, weighing both the quality and the quantity of what each party receives.
Full Text of § 873.210
Plain-English Summary
This section states the core duty of a division referee: divide the property and allot the several portions to the parties according to their interests as determined in the interlocutory judgment. That interlocutory judgment, entered under § 872.720, is where the parties' respective interests get fixed before the referee's work even begins.
The instruction to consider quality and quantity together is worth pausing on. A fair division isn't only a matter of splitting acreage in the right proportions — a portion with better access, better soil, or more valuable improvements can be worth more than a larger portion without those advantages. The referee has to weigh both dimensions in reaching an allotment that truly reflects each party's interest.
The sections that follow this one refine that basic duty: § 873.220 addresses portions with improvements, § 873.230 addresses property already promised to a purchaser, § 873.240 addresses property with distinct existing lots, and § 873.250 addresses what happens when an equal division isn't possible.
Frequently Asked Questions
What must the referee consider when dividing property among co-owners?
Both the quality and the quantity of each portion, allotted in proportion to the interests already fixed in the interlocutory judgment.
Where do the parties' interests get determined before the division happens?
In the interlocutory judgment entered under § 872.720.
Is a numerically equal division of acreage always a fair division?
Not necessarily. Section 873.210 requires the referee to weigh quality along with quantity, since portions of equal size can differ significantly in value.
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
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