The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided in this chapter.
§ 873.510.Duty of Referee
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 1. Manner of Sale · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.510 requires a referee appointed to sell the property to carry out the sale following the manner and procedures set out in this chapter.
Full Text of § 873.510
Plain-English Summary
This section opens Chapter 6 with the same kind of foundational duty that opens the division chapter. A referee appointed by the court to sell the property must sell it in the manner, and following the procedures, this chapter provides.
What follows is a detailed roadmap: the manner of sale (auction or private sale), the sales procedures governing notice and terms, the steps needed to consummate a confirmed sale, and the rules for distributing the proceeds once the sale is complete.
Section 873.210 imposes a parallel duty on a referee appointed to divide the property. Between the two tracks, sale is often the one most co-owners live through, since dividing a single family home or similar property physically usually isn't practical.
Frequently Asked Questions
What must a referee selling partitioned property follow?
The specific manner and procedures set out in Chapter 6 of this title.
Is this different from a referee appointed to divide the property?
Yes. Section 873.210 governs the division track, while this section and the rest of Chapter 6 govern the sale track.
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 duty sell partition property california