(a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to collect the proceeds, take security, and perform other acts required to consummate the sale.
§ 873.750.Order Upon Confirmation of Sale
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 3. Consummation of Sale · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.750 requires the court, once it confirms a sale, to order the referee to execute the conveyance, collect the proceeds, take any security, and complete whatever else is needed to close the sale, and lets that order also address how the referee handles the sale deposits and proceeds.
Full Text of § 873.750
(b) The order may direct the referee concerning the distribution, deposit, or securing of sale deposits and sale proceeds.
Plain-English Summary
Confirmation isn't the end of the process — it triggers the closing steps this section requires. Subdivision (a) requires the court, upon confirmation of a sale, to order the referee to execute a conveyance or other instrument of transfer, collect the proceeds, take security, and perform other acts required to consummate the sale.
Subdivision (b) lets the confirmation order go further, directing the referee concerning the distribution, deposit, or securing of sale deposits and sale proceeds — practical instructions for handling the money the sale generates.
How those proceeds are ultimately divided among the parties and any lienholders is governed separately, by the priority order set out in § 873.810 and § 873.820, once the referee has collected and secured them under this section.
Frequently Asked Questions
What happens once the court confirms a sale?
The court orders the referee to execute the conveyance, collect the sale proceeds, take any required security, and take whatever other steps are needed to close the sale.
Can the confirmation order also address how sale proceeds are handled?
Yes, § 873.750(b) lets the order direct the referee on distributing, depositing, or securing the sale deposits and proceeds.
Does this section itself set the priority for paying out proceeds?
No. That order of payment is set by § 873.820.
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: order confirming partition sale california