If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be disinterested and impartial and not a party to or a participant in the action.
§ 874.315.Court Appointed Referees
Title 10.5. Partition of Real and Personal Property · Chapter 10. Partition of Real Property Act · Enacted 2021 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 874.315 requires any referee appointed under § 873.010 in a partition action governed by this chapter to be disinterested and impartial, in addition to any other qualifications and disqualifications that otherwise apply, and bars appointing anyone who is a party to, or a participant in, the action.
Full Text of § 874.315
Plain-English Summary
Referees do much of the practical work in a partition case — appraising, dividing, or selling the property — so their neutrality matters especially under this chapter, where the outcome can turn on a single appraisal figure. Section 874.315 layers an added neutrality requirement onto the general referee provisions of Chapter 4.
Beyond whatever other requirements and disqualifications already apply to referees, a referee appointed under § 873.010 in a case governed by this chapter must be disinterested and impartial, and cannot be a party to, or a participant in, the action.
Frequently Asked Questions
Are there special rules for referees in a Partition of Real Property Act case?
Yes. In addition to the usual referee qualifications and disqualifications, § 874.315 requires the referee to be disinterested and impartial.
Can a party to the action serve as the referee?
No, § 874.315 bars appointing anyone who is a party to, or a participant in, the action.
Amendment History
Added by Stats 2021 ch 119 (AB 633),s 2, eff. 1/1/2022.
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 qualifications partition real property act californiadisinterested referee partition