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Understanding the Partition Action: What It Is & How It Works

Partition referees play an important role in California’s real estate industry. However, not everyone knows what the partition remedy is or how it works. Understanding this useful tool is the first step in utilizing it effectively to solve conflicts and protect client assets.

What is a Partition Referee?

It’s unfortunate but true: conflicts arise constantly over property, especially real estate. This conflict could take place between a couple who is divorcing, co-owners of a failing business, siblings having to deal with a joint inheritance of real property, or any other group of people who have legal claims to the same property. In these circumstances, a court may choose to appoint a partition referee to manage the sale and distribution of funds.

When is a Partition Referee Necessary?

Filing a partition action is not on anyone’s bucket list, but when it’s necessary, it can create finality.

The Difference Between a Receiver and a Partition Referee

Receivers and Partition Referees each play an important role in California’s court system. However, they don’t have the same responsibilities.

Partition Referee in a Family Dispute

Losing a parent is difficult, no matter the circumstances. When a parent dies, there are so many things to address, all while dealing with the emotional impact of such a huge loss.

Griswold Law: Court-Appointed Referees for Real Estate Partition Sale

Imagine this — three siblings have recently inherited their childhood home. It’s a massive asset, and they want to make sure they honor their parents’ wishes and use the value of the home for the betterment of themselves and their families.
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