(a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser.
§ 873.790.Execution of Conveyance Or Other Instrument of Transfer
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 873.790 requires the referee to execute the conveyance once the sale's terms are fulfilled, and requires that conveyance and the order authorizing it to be recorded in every county where the real property is located.
Full Text of § 873.790
(b) The conveyance or transfer of real property and the order authorizing such conveyance or transfer shall be recorded in each county in which the property is located.
Plain-English Summary
This section covers the final transfer of title. Subdivision (a) requires that, upon fulfillment of the terms of sale, the referee execute a conveyance or other instrument of transfer to the purchaser.
Subdivision (b) then requires that conveyance, along with the order authorizing it, to be recorded — not just in one place, but in each county in which the property is located, which matters for real property that happens to span more than one county.
This recording requirement protects the purchaser's title of record, completing the order the court entered under § 873.750 directing the referee to execute a conveyance once the sale was confirmed.
Frequently Asked Questions
When does the referee transfer title to the purchaser?
Once the purchaser has fulfilled the terms of sale.
Does the conveyance need to be recorded?
Yes, along with the order authorizing it, in every county where the real property is located.
What if the property spans more than one county?
The conveyance and the authorizing order must be recorded in each of those counties.
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: recording conveyance partition sale california