What is a Court-Appointed Partition Referee?
Partition Referee
A partition referee is appointed by a judge to partition property by sale or division. The property can be real or personal property and can involve a variety of different parties including, but not limited to family members, partnerships, or spouses.
The appointment of a partition referee is at the sole discretion of the judge in the case. The partition referee is appointed as a neutral third party whose primary function is to carry out the orders of the court.
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.
Kevin Singer works as partition referee from his offices in California, Arizona, Nevada, and Colorado.
Mr. Singer works as a partition referee in Los Angeles from his office at:
11500 W. Olympic Blvd
Suite 530
Los Angeles, California 90064
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.
The actions of the partition referee may include, but are not limited to:
- Signing any Closing Paperwork,
- Signing any Deeds,
- Signing any Listing Agreements, and
- Signing any Purchase Contract;
- Hiring ,with approval of the court, an Attorney; and
- Hiring Real Estate Agent(s)
The court-appointed partition referee is responsible to oversee all processes in the partition of the property and any court-ordered duties.
Partition Actions: A More Detailed Definition
Typically, a partition action develops when one of the owners of real estate or real property wants to either sell the property or sell their ownership interest in the property, and the other owner(s) do not. All owners of the property have a legal right to divide the property and sell it in order to capitalize their interest in the property. In a partition action, a lawsuit is filed by one or more of the owners asking the court to order the property be divided or sold. The judge appoints a partition referee to oversee the partition action.
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.
Kevin Singer works as partition referee from his offices in California, Arizona, Nevada, and Colorado.
Mr. Singer works as a partition referee in San Francisco from his office at:
1 Sansome Street
Suite 3500
San Francisco, California 94104
Today, partition actions include, but are not limited to the following types of property ownership:
- Community Property,
- Joint Tenancy, and
- Tenancy in Common.
Partition actions are often precedented by the following situations:
- Inheritance of real and personal property, when family members who inherit the real or personal property disagree on what to do with the real and/or personal property and whether or not is should be sold or divided, or how those processes should take place.
- Divorce proceedings, 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 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.
Note: A contractual agreement to waive the right to a partition supersedes a partition action.
A Successful Partition Referee
A good partition referee must be familiar with the partition process and must be experienced in partition actions like yours. They should have the professional relationships needed to engage people with the right skillset to assist with the specific needs and requirement of your case. They must be able to ensure the asset is partitioned in a fair manner, maximize the sale price if the property is sold, minimize the costs of doing so, and act within the parameters of the court orders.
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 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.
Kevin Singer works as partition referee from his offices in California, Arizona, Nevada, and Colorado.
Mr. Singer works as a partition referee in Orange County, California from his office at:
1 Park Plaza
Suite 600
Irvine, CA 92614
