Referees in Partitions Archives

How to Get a Default Judgment in Partition Action

When defendants in a partition action ignore the summons and complaint, the plaintiff is entitled to obtain a default judgment ordering that the property be partitioned, usually by a forced sale. Indeed, some co-owners fail to respond to attempts to discuss the use, management, or sale of the property. When this occurs out of court, … Read More

Partition Referees in California

Partition referees in California effectuate the court’s judgment that the property should be partitioned, which usually involves a sale of the property. Sometimes, partition referees are referees to as partition receivers, partition special masters, partition commissioners, partition administrators, or real estate referees. List of Partition Referees in California As the largest partition-only law firm in … Read More

Can We Use a Realtor as the Partition Referee?

While the simple answer is “yes,” the reality of a Realtor serving as a partition referee for a partition action is nuanced and warrants a deeper understanding of the pros and cons of using a Realtor for this function. In turn, this requires an understanding of the responsibilities that partition referees execute. A Realtor, with … Read More

Tricks to Remove Co-Owner from House Title

The law allows any co-owner to remove another co-owner on the property title with or without their agreement through a quiet title action, or partition action, and by a deed with agreement. By Agreement – A Deed from the Co-Owner While it may seem obvious, a co-owner can be removed from the title to the … Read More

Can I Partition a Rental Property With Tenants?

An investment property with tenants can be partitioned, but some unique issues can arise during a partition of a tenant-occupied property. These cases can involve rented single-family homes, or they can be the partition of commercial properties, including apartments, office buildings, or industrial properties. When a rental property becomes the subject of a partition action, … Read More

What is a Receiver in a Partition Action?

Throughout the course of a partition action, there may come a time when the appointment of a receiver is requested by one of the co-owners. While some parties use the term receiver to mean a partition referee, this blog uses the term receiver in the broadest context as it used throughout the law. But what … Read More

Can You Evict a Co-owner of a House?

Co-Owner’s Right to Evict Their Co-Owner Co-ownership can present many headaches, including shared expenses, sharing a common space, and, most importantly, agreeing when to sell the property. Co-owners might be wondering how to evict a co-owner when there is confusion as to who has the right to live in a co-ownership home. Unfortunately for co-owners … Read More

Partition Referee Reports on Offsets and Accounting Talkov Law Partition Attorneys

Partition Referee Reports on Offsets & Accounting

Other than forcing the sale of the property through an interlocutory judgment under CCP § 872.720, perhaps the most hotly contested issues in a California partition action are the offsets whereby one co-owner alleges that they have paid more than their fractional share of costs for the property, thereby seeking to recover an excessive down … Read More

Will a Partition Sale Yield Fair Market Value for a Property?

Sometimes, co-owners wonder if their co-owned property will be sold for fair market value in a partition action, or whether the process will result in a below market sales price. There are many reasons that partition action sales conducted by a partition referee will generally result in the property being sold for fair market value, … Read More

Code of Civil Procedure § 873.760 (CCP) – Failure of Purchaser to Pay Sale Price; Liability of Purchaser; Relief (Partition Actions)

California Code of Civil Procedure 873.760 is the California partition statute that explains what a party or the partition referee can do in case a purchaser does not follow through with purchasing the house. The statute provides that: If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser … Read More