(a) The court may, at the time of trial or thereafter, prescribe such manner, terms, and conditions of sale not inconsistent with the provisions of this chapter as it deems proper for the particular property or sale.
§ 873.610.Court Power to Prescribe Manner, Terms and Conditions; Matter Referred to Referee For Recommendation
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 2. Sales Procedures · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.610 lets the court set the manner, terms, and conditions of sale at trial or afterward, so long as they're consistent with this chapter, and allows the court to send that question to the referee for a recommendation, though it can't approve the referee's report without a hearing on noticed motion.
Full Text of § 873.610
(b) The court may refer the manner, terms, and conditions of sale to the referee for recommendation but shall not approve the referee's report except following a hearing upon noticed motion.
Plain-English Summary
When the parties haven't reached the kind of unanimous written agreement § 873.600 covers, this section supplies the default framework. Subdivision (a) lets the court, at the time of trial or at any point afterward, prescribe the manner, terms, and conditions of sale it deems proper for the particular property or sale, so long as they're consistent with this chapter.
The court doesn't have to work this out alone. Subdivision (b) lets the court refer the manner, terms, and conditions of sale to the referee for a recommendation, drawing on the referee's closer familiarity with the property and the market.
That referral comes with a check built in: the court may not approve the referee's report on manner, terms, and conditions except following a hearing on noticed motion, ensuring the parties get a chance to be heard before those terms become final.
Frequently Asked Questions
When can the court set the terms of a partition sale?
At the time of trial or at any point afterward.
Must the court hold a hearing before adopting a referee's recommended sale terms?
Yes. Section 873.610(b) bars approving the referee's report on manner, terms, and conditions without a hearing on noticed motion.
How does this section differ from § 873.600?
Section 873.600 applies when all parties agree in writing on the sale terms; this section covers the court setting terms itself, with or without a referee's recommendation.
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: court sets sale terms partition california