A Partition Referee Facilitates the Sale or Division of Property
Whenever there is a dispute over the sale or division of property, the parties to the action will benefit from the appointment of a partition referee. The parties to the action, oftentimes family members, partnerships, or divorcing spouses, gain the expertise of a neutral third party to the action who’s sole purpose is to carry out the order of the court.
A Partition Referee Exercises the Authority of the Court
The presiding judge in the case has sole discretion when it comes to appointing a partition referee. “The court shall appoint a referee to divide or sell the property as ordered by the court,” according to CCP 873.010 (a).
When it comes to partition actions, the judge interprets CCP 873.010 (a), “The court shall appoint a referee to divide or sell the property as ordered by the court.” And CCP 873.210 which allows that the referee be “appointed through an interlocutory judgment.” The judge decides whether and if a partition referee is appointed over the action.
In addition, a partition referee may be appointed by the judge to “perform any acts necessary to exercise the authority conferred by this title or by order of this court,” according to CCP 873.060.
A Partition Referee Upholds Your Legal Rights
A contractual agreement in which the parties agree to waive their rights to a partition supersedes a partition action. That said, a partition action is available to all parties with a contractual agreement under normal circumstances.
Partition actions generally proceed with the following property ownership situations:
1. Community Property,
2. Joint Tenancy, and
3. Tenancy in Common.
Partition referees are often appointed in the following situations:
Inheritance – when family members inherit real or personal property and disagree on options for the real and/or personal property and whether or not is should be sold or divided, or how those processes should take place.
Divorce – when spouses share ownership of real or personal property together and disagree on what to do with the real and/or personal property, whether or not is should be sold or divided, and/or how those process should take place.
Business – when partners (or investors) who share ownership in real or personal property disagree on what to do with the property and disagree on whether or not is should be sold or divided, or how those process should take place.
A Partition Referee Oversees the Partition Action
A court appointed partition referee can uphold your legal rights as directed by the court.
Overseeing the partition action is the primary duty of the partition referee. A partition action, as defined by the court, is a lawsuit filed by an owner of real or personal property requesting the court’s assistance with the division and/or sale of the property in question.
Partition actions originate when one or more owners of real or personal property motion the court for help selling or dividing the property as the court determines appropriate but usually based on a pro rata basis.
Contact Partition Referee Orange County: Kevin Singer
Kevin Singer of Receivership Specialists is an experienced partition referee with more than two decades of handling court ordered partition actions involving real and personal property.
For more information or to contact Kevin Singer, partition referee, use our Contact Form to contact Mr. Singer directly.
A good partition referee should have a thorough understanding of the court system to accomplish the objectives of the partition process and be able to work with all parties involved in the case. In addition, a good partition referee must possess the skills, knowledge, and experience to maximize the value of the real property being partitioned.
Kevin Singer works as a court-appointed partition referee from his offices in California, Arizona, and Nevada. Learn more about the benefits of appointing a partition referee by contacting Mr. Singer at his office of partition referee in Orange County:
1 Park Plaza
Suite 600
Irvine, California 94104
(949) 238-2801