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Partition Referee Matters

Partition Referee Matters


partition referee property

Partition Referee Matters

Griswold Law consistently acts as a court-appointed partition referee in the State of California. A Partition Referee is nominated and appointed when disputes arise between co-owners of real property, such as land or buildings. Most often, the partition referee will be ordered by the court to sell the property being disputed and oversee the distribution of the sale’s proceeds between co-owners.

A common example is when three parties jointly own a piece of property, and Party A wants to sell the property and split the proceeds, but Party B wants to wait until the market warms up, and Party C wants to retain the property long-term and collect rental income from an existing tenant. As a last resort, one or more parties will seek the appointment of a partition referee to “partition” the property. There are three typical ways real property can be partitioned: 1) sale and distribution of net proceeds to co-owners, 2) physical division of the real property, or 3) sale of one co-owner’s interest in the real property to another co-owner.

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