What is a Court-Appointed Partition Referee?

Richardson “Red” Griswold of Griswold Law acts as a court-appointed Partition Referee in the State of California. A Partition Referee is nominated and appointed in the context of disputes between co-owners of real property.

A typical dispute example is when three parties jointly own a piece of property and party A wants to sell the property and split the proceeds, 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. Commonly as a last-resort, one or more parties will seek the appointment of a Partition Referee to “partition” the real property at issue. There are three typical ways real property can be partitioned: 1) sale and distribution of net proceeds to co-owners; 2) physical division of real property; or 3) sale of one co-owner’s interest in the real property to another co-owner.

The duties and responsibilities of a Partition Referee are generally spelled out in California’s Code of Civil Procedure (CCP 872, et seq.). Further, the appointing court may modify or specify the particular duties to assist in the particular real property dispute.

To learn more about the role of a Partition Referee in real property disputes, please contact Richardson “Red” Griswold of Griswold Law, APC at (858) 481-1300.

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