When co-owners of real estate cannot agree on what to do with the property, a court may order a partition by sale to ensure each owner receives their fair share. The person responsible for carrying out that sale is the partition referee, a neutral professional appointed by the court to handle everything from hiring a broker to signing closing documents.
Not all partition referees operate with the same level of diligence. Below, we explain how partition referees do (or should) sell property under California law, thereby ensuring the sales process is smooth, transparent, and fair for all co-owners involved.
If your property is in a partition action, Talkov Law Partition Attorneys can ensure the referee follows proper procedures and protects your financial interests. Call (877) PARTITION (727-8484) for a free consultation.
How Partition Referees Sell Property Under California Law
Once the court orders a partition by sale, the referee is appointed under Code of Civil Procedure § 873.510 to conduct the sale on behalf of the court. Their statutory duties generally include:
Determining the method of sale – The referee recommends whether the property should be sold at public auction or by private sale. Courts typically favor private sales whereby buyers so not see the bids of other buyers (but the co-owners do) because they more reliably achieve full market value.
Hiring professionals – With court authorization, a partition referee may hire a real estate broker, appraiser, or other professionals needed to prepare and market the property. This includes obtaining valuations, coordinating showings, and listing the property on the MLS.
Preparing reports – After accepting an offer, the referee files a report of sale summarizing the marketing process, offers received, and terms of the proposed sale. The court then holds a confirmation hearing to approve the sale and consider any overbids.
Completing the transaction – The referee signs the deed and closing documents on behalf of all owners. This allows the sale to proceed even when one co-owner refuses to cooperate, protecting the integrity of the process and preventing delay.
This framework ensures a partition sale cannot be obstructed by an uncooperative or absentee owner. The property is sold as a whole, not as fractional interests, preserving market value for everyone.
How a Partition Referee Sells a Property
The law provides the structure. The referee provides the skill. The quality and fairness of the sale depend on how the referee approaches their responsibilities. The most effective referees go beyond the minimum statutory requirements.
An ideal partition referee should:
Communicate clearly and consistently
Owners should be updated at every major step — from selecting the broker to reviewing offers — so no one feels excluded or kept in the dark. Good communication prevents disputes and minimizes court intervention.
Maintain full transparency
A strong referee shares listing information, professional opinions, repair recommendations, and financial details in real time. Transparency builds trust in a process that can otherwise feel one-sided.
Act promptly and efficiently
A partition referee must balance urgency with accuracy. The best referees move quickly to evaluate the property, hire professionals, and bring the listing to market, without cutting corners that could jeopardize court approval.
Preserve and maximize market value
Partition sales are not fire sales. The referee should market the property like any other residential listing, with professional photography, competitive pricing, and broad exposure. Treating the property as distressed or “court-ordered” can unnecessarily depress value.
Understand the legal landscape
Referees who understand the legal nuances of partition actions ensure compliance with court rules, avoid improper expenditures, and reduce reliance on outside counsel. This keeps costs down and avoids conflicts between the referee and the parties.
File accurate, timely reports
Courts depend on detailed, well-prepared reports. A referee who documents each step and complies with all reporting requirements helps ensure smooth confirmation hearings and reduces objections from the parties.
Why This Approach Matters
Partition by sale is not just a real estate transaction — it is the court’s solution to an often emotionally charged and financially significant dispute. The referee’s work determines:
- Whether the sale process is fair
- Whether market value is preserved
- Whether co-owners receive proper accounting and transparency
- Whether the sale closes without obstruction or delay
A skilled referee brings order to a situation that may have been contentious for years. An inexperienced or inattentive referee can create new disputes, trigger court challenges, or allow the property to sell below its true value.
Talkov Law Partition Attorneys Can Help
Partition referees play a central role in resolving co-ownership disputes. Talkov Law works with trusted referees who meet the highest standards of professionalism, accuracy, and transparency. Our partition attorneys ensure the referee follows proper procedures and that your financial interests are fully protected throughout the sale.
If your property is already in a partition action — or you expect one — call (877) PARTITION (727-8484) to speak with an experienced California partition attorney today.
