Category: Partition Referees

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…

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,…

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….

Effective January 1, 2023, there is a new addition to California partition actions that impact partition referees and the methodology utilized regarding how a property may be partitioned in the state of California. The California legislature voted to approve the Partition of Real Property Act (PRPA). Previously, the Uniform Partition of Hears Property ACT (UPHPA)…

A co-owner of real estate in the State of California may seek to force a sale through the use of a partition referee. This is accomplished by filing a lawsuit for partition and seeking to have a court-appointed referee appointed by the court. It is very common for family members who inherit property from their…

A partition referee is appointed in connection with the filing of a lawsuit involving the partition of real property. After an interlocutory judgment is obtained, a partition referee may be appointed. The partition referee takes possession in order to sell the property pursuant to the court order. The partition referee must be a neutral third…

In the State of California when more than one person is a co-owner of the property and one of those individuals wants to sell and the other does not want, the law in the State of California allows the sale of property through a legal action known as partition. In order to proceed with a…