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…
What is a Los Angeles Court Partition Referee?
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 party, and court-appointed. The specific duties and responsibilities of a Los Angeles partition referee are set forth in the California Code of Civil Procedure CCP 872, et seq.
There are many similarities between a court-appointed partition referee and a court-appointed receiver. Both of these individuals are neutral and are appointed by the court pursuant to a court order.
A partition referee handles the sale of the property through the sale and distribution of net proceeds to co-owners, a physical division of the property, or the sale of one co-owner’s interest in the real property to the other co-owner. The partition referee takes these actions pursuant to a court order and must use reasonable care to ensure that the actions taken are in the best interest of the estate.
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…