In Holt v. Brock, the California Court of Appeal held that a real estate broker appointed by the court to sell property in a partition action has quasi-judicial immunity, so a co-owner unhappy with the sale cannot sue the broker for damages.
In Richmond v. Dofflemyer, a California court divided part of a family ranch in kind and sent the rest to a referee. See what it means for co-owners.
An individual co-owner can represent themselves in a California partition action, but a company, executor, or trustee must hire a lawyer.
Not always. Most California partitions that end in a court-ordered sale need a referee, but a court-appointed broker can fill that role, and cases that settle never need one.
An elisor is a person the court appoints, usually the clerk of the court, to sign a deed or other document for a party who refuses to sign it. In a California partition action, an elisor is a backup tool, while a partition referee does the real work.
A partition referee is the neutral person the court appoints to sell or divide co-owned property. When the co-owners agree on who should serve, they can submit a stipulation and proposed order appointing the referee. Below is a sample for California.
A co-owner who refuses to sell, even one living in the house, cannot block a sale in California. A partition action lets any co-owner force the sale and collect their share.
No. Locking out a co-owner is likely an ouster under California law and can expose you to damages. A partition action is the proper way to end the co-ownership and recover what you are owed.
A partition action lets a California co-owner force the sale of jointly owned property through the court. This guide walks through the steps, from filing to sale.
Co-owners can play an important role in choosing the Realtor in a partition sale, but they don’t necessarily have the final say. Here is how the choice gets made.
A partition referee is usually paid at the end of the case, typically from the sale proceeds at the same time the co-owners are paid.
Heirs often disagree about inherited property, such as when one moves in and the others want to sell. If talks fail, a partition action may be the only way to get your share.
When defendants ignore a partition summons and complaint, the plaintiff can get a default judgment ordering the property partitioned, usually by sale.
A partition lawyer represents co-owners of California property who can’t agree on whether to keep, sell, or buy out the property. The main tool is a partition action asking the court to order a sale or division.
A California partition referee carries out a court-ordered sale or division of co-owned property. Learn what referees do, how they are selected and paid, and how a sale can proceed when a co-owner refuses to cooperate. Includes a California referee directory.
Yes, but it’s nuanced. A Realtor can serve as a partition referee, though the role involves more than listing the property, so co-owners should weigh the pros and cons.
Yes. A California co-owner can partition a rental property even with tenants and a good lease. Here is how rent, receivers, tenants, deposits and the sale are handled.
Agricultural land brings its own challenges in a partition action. Here is what co-owners of California farmland should know.
Offsets for overpaid down payments, repairs, mortgage, and taxes are often the most contested issue in a partition. A referee’s report on offsets can resolve them faster and for less.
Code of Civil Procedure section 873.160 provides that a partition referee is not personally liable on contracts made or expenses incurred unless the referee agrees in writing.
Code of Civil Procedure section 873.050 lists who cannot be appointed as a partition referee in a California partition action.
Code of Civil Procedure section 873.030 lets the court, with the parties’ consent, appoint three partition referees to divide or sell the property.
Code of Civil Procedure section 873.020 lets the court appoint a referee for sale and a referee for division, or a single referee for both.
Code of Civil Procedure section 872.030 explains which court rules apply in a partition action. The ordinary civil rules apply unless a partition statute sets a different rule.
A partition action is a lawsuit in which a California court ends the co-ownership of real property by dividing it or ordering it sold and dividing the proceeds. A co-owner generally can force a sale without the other co-owners’ consent.
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Practical guides from attorneys who focus exclusively on California partition actions.
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