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The Partition Referee Process in California: A Practical Guide for Attorneys

Most attorneys think the critical moment in a receivership is standing before the judge. In my experience, the critical moment happens before you ever walk into the courtroom. The lawyer is the gatekeeper. Before a judge evaluates a proposed partition referee, a lawyer has to nominate one. And if it never gets past the lawyer,…

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Who Pays for a Partition Action in California?

Short answer: In a California partition action, the costs of partition — including the partition referee’s fees, the expenses of selling the property, and attorney’s fees incurred for the common benefit of all owners — are generally paid out of the sale proceeds before anything is distributed. The court then apportions those costs among the…

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Appointment of a Receiver in Los Angeles Superior Court: A Practical Guide for Attorneys

The appointment of a receiver in Los Angeles Superior Court involves many moving parts. The difference between a smooth receivership and one that unravels often comes down to decisions made before the motion is ever filed. Written by Stephen J. Donell—who has administered over 1,000 court-appointed receivership cases—this guide highlights what works, what gets motions…

How Courts Evaluate Receiver Candidates: A Guide for Attorneys Making the Nomination

By Stephen J. Donell, CCIM, CPM | FedReceiver, Inc. | Nearly 1,000 Court-Appointed Receiverships Introduction The lawyer is the gatekeeper. Before a judge evaluates a proposed court-appointed receiver, a lawyer has to nominate one. And if it never gets past the lawyer, the receiver never gets a shot at even being considered by the judge….

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California Partition Referee: Statutes & Appointment Process

What Is a Partition Referee? A partition referee is a neutral, court-appointed officer responsible for carrying out a court-ordered division or sale of jointly owned real property in California. When two or more people own real property together and cannot agree on what to do with it, California law provides a remedy: the partition action….

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Partition Referee in California: A Practical Solution for Co-Owned Property Disputes

When two or more people co-own real estate in California, disagreements about whether to sell, keep, or divide the property can quickly become difficult to resolve. These disputes often arise after an inheritance, divorce, business breakup, or shared investment. One owner may want to sell and access their equity, while another may want to hold…

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What is the procedure to nominate a California court-appointed receiver?

Pursuant to the California rules of Court, Rule 3.1177, at the hearing of an application for appointment of receiver on notice or at the hearing for confirmation of an ex parte appointment of receiver, each party. May suggest to the court one or more persons for appointment as receiver. The party must state the reasons…

Receiverships in Real Estate: A Practical Overview (Webinar)

Date: March 4, 2026 Time: 11 am PT / 12 pm MT / 1 pm CT / 2 pm ET Duration: 45 minutes to 1 hour Presenter: Stephen J. Donell, CPM®, CCIM, ARM® (President of FedReceiver, Inc.) Are you a real estate professional or broker looking to understand the mechanics of court-appointed cases? Join us…

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How to Select a Court-Appointed Receiver

There are many factors to consider when seeking to nominate a court appointed receiver. These include, but are not limited to, the following: Reputation: A court appointed receiver or partition referee should have a good reputation in the industry. Factors to consider include success with prior cases, and his/her reputation with judges and lawyers.  Does…

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