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…
Why would a co-owner file a partition suit?
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 deceased relatives to end up in disputes. One relative may want to hold onto the property and another relative may want to sell the property.
In other instances, partners who own real property may no longer get along. One partner may want to assert too much management control, the partners may become too old to effectively manage the property, the financial circumstances of the partners may change resulting in the need for one partner to sell or other circumstances may arise where continued joint ownership of real estate between co-owners is prohibitive and unworkable. These various circumstances may give rise to the need to seek the appointment of a partition referee in California.
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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…
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)…