California District Court Partition Referee
Many states have statutes governing disputes between joint owners of real property. In such instances, owners may file a lawsuit to compel the sale of property via partition. In California, CA Code of Civil Procedure 872.210 allows a court to determine whether a litigant may partition real property and if so, an interlocutory judgment for partition is entered. The interests of the owners are determined, a partition is ordered and the manner and method of partition, via a partition referee is identified. California Civil Code Section 873.010 authorizes the court to the referee and the duties and powers of the referee are set pursuant to court order. This includes the power to sell the property per CA Code of Civil Procedure 873.510 and subsequent confirmation hearing including possible overbid per CA Code of Civil Procedure 873.740
Who We Work With
Trust & Estates Attorneys
Trust & Estates attorneys often seek appointment of partition referees when family members inherit property, and a dispute arises regarding the sale of the property.
Litigators
Trial attorneys often seek appointment of partition referees when co-owners of real property get into a dispute regarding the sale of the property.
Types of Cases/Properties
Partition cases typically involve family members or partners/investors in real property. A dispute arises regarding the ownership and desired disposition of the property.
Clients Who Trusted Us
About our court-appointed partition referees
A partition action is the only court ordered process in California to bring an end to real estate co-ownership disputes. Under California Code of Civil Procedure Section 872.210, a partition action is a legal process taken to divide a California real estate equitably among its co-owners.
Our experienced partition referees have experience in selling residential and commercial property throughout California. This process may include an analysis of competing claims, an accounting of receipts and disbursements, the use of forensic accountants any report to the court with recommendations regarding disbursements to the co-owners. Consideration must be given to secured and unsecured creditors as well as competing claims of each co-owner ultimately culminating in an order from the court directing the referee to distribute funds pursuant to court order.
Stephen J. Donell Los Angeles
President of FedReceiver, Inc., Jalmar Properties, Inc. and Donell Expert Services, Inc.
James H. Donell Los Angeles
Founder and Chief Executive Office of FedReceiver, Inc. and Jalmar Properties, Inc.
Todd D. Donell Los Angeles
Executive Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
Sarah R. Bates Los Angeles
Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
Locations Served
With cases involving assets throughout the country and internationally, FedReceiver, Inc. provides nation-wide receivership services including international asset recovery.
Alameda, Butte, County of San Francisco, Contra Costa, El Dorado, Fresno, Humboldt, Imperial, Inyo, Kern, Kings, Los Angeles, Marin, Orange County, Riverside, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Ventura County, and the California District Court
States with cases/assets include Arizona, California, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Massachusetts, Michigan, Montana, Nevada, Ohio, Oregon, Texas, Utah, Virginia, Washington, Wisconsin.
How we work together
We match our training, experience, expertise, licensing and credentials with the needs of each case to identify the appropriate use of the proposed remedy including receivership, partition referee, provision director and dissolution manager.
Reach out
Reach out to us via our contact page or call our office.
Set an Appointment
An initial call will allow for an initial assessment of the proposed case.
Sample Pleadings & Orders
With approximately 800 cases, FedReceiver has a vast library of exemplars including motions seeking appointment of referee, orders appointing referee, interlocutory judgments and memorandum of points & authorities.
References
We offer excellent references with local and national law firms, accounting firms and clients.
Court Experience
Given our decades of experience and hundreds of cases, we have appeared in state/federal court and have excellent relationships with numerous courts/judges.
Review the chapter authored by Mr. Donell
Reviving the Financially Distressed Business
Reviving The Financially Distressed Business is the essential guide for business owners and corporate leaders whose companies are under—or anticipating—financial difficulties. See Chapter 11, Receiverships, written by Court Receiver Stephen Donell, CCIM, CPM
Steve Donell’s contribution to the book “Reviving a Financially Distressed Business” reflects not only his expertise as a receiver, but his sound judgment on how receivership can be used to effectively advance a financially troubled business.”
– Brian Davidoff, Esq. Author and Editor
