For many co-owners facing a partition action, the idea of a court-appointed partition referee can seem intimidating. Some fear that a referee will unfairly take sides, undervalue the property, or create unnecessary delays in the sale process. In reality, partition referees are intended to be neutral professionals whose primary role is to ensure a fair … Read More
When a partition action calls for the sale of real property, picking a Realtor is a pivotal step. Co-owners can have an important role in selecting the Realtor, but they do not necessarily have the final authority on who will serve as the property’s Realtor. This article will explore the complexities and strategies surrounding the … Read More
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
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
California Code of Civil Procedure 873.050 is the California partition statute that addresses who is ineligible to be appointed as partition referee in a partition action in California. The statute provides that: None of the following persons shall be appointed a referee under this title: (a) A clerk or deputy clerk of the court. (b) … Read More
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