Partition Remedy for Family Disputes

The partition remedy in California addresses disputes between co-owners of property.  Any person with an interest in real property in California may bring a partition action against a co-owner. The partition remedy is necessary when co-owners cannot decide how to handle jointly-owned property. Properties subject to partition include, but are not limited to, single-family residences, vacation homes, investment properties, commercial buildings, apartment buildings, and parcels of land.

There are many different co-ownership structures that may utilize the partition remedy. Trustees of an estate have an interest in property as a “co-owner” to commence a partition action. Siblings or family members may own or inherit a family home or income property. Business partners often co-owner real property. Unmarried couples may have purchased and occupied a home together and have since split up and are unable to agree on a plan for the property. A divorcing couple may have acquired property before marriage or bought property together where a third-party also has an interest.

Naturally, partition actions deal with a variety of issues concerning real estate, probate/trust, family law, and tax/accounting. A Partition Referee is a neutral third-party appointed by the court to direct the partition or division of real property. Richardson “Red” Griswold of Griswold Law, APC is regularly appointed by courts across the State of California to act as a Partition Referee. A Partition Referee efficiently tackles any and all obstacles to achieve a beneficial resolution for all interested property owners. A Partition Referee focuses on carrying out the court’s order efficiently while respecting the rights of all parties involved. If you are involved in a family or business dispute and want to learn more about the partition remedy and how a court-appointed partition referee can assist, please visit or contact the office at (858) 481-1300.

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