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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.

Partition Remedy: What is the process?

As an experienced partition referee, Griswold Law has seen all sides of partition cases. We often receive calls from attorneys initiating partition suits, looking to learn the proper procedure -- or even where to begin.

Health & Safety Receiverships: Addressing Abandoned Substandard Properties

Health & Safety Receiverships are a valuable tool to reestablish abandoned properties. There are countless vacant lots and abandoned structures across California with no apparent useful purpose. There are just as many countless explanations as to why these commercial and residential properties are abandoned. Abandonment can come at the hands of death (tenant or otherwise), a business or personal relationship gone sour, defunct or bankrupt owners, or simply by owner’s choice. Regardless, the deserted property will likely succumb to disrepair, and as a result, leave behind quite the eyesore for the surrounding community. Beyond the displeasing aesthetic, vacant properties also pose a rather significant danger to the health, safety and welfare of the neighborhood as a whole. Unsecured properties intrinsically create dangers ranging from the deteriorating structure itself to the higher crime rates tied to the vacant property. From a crime perspective, vacant properties often welcome trash dumping, graffiti, vandalism and trespassing. Further, threats arise from overgrown vegetation causing fire-hazards and vermin infestation spreading throughout the neighborhood affecting surrounding residents and businesses. Ultimately, conditions such as these result in neighborhood decline and a drop in surrounding property values. A court-appointed Health & Safety Receiver can provide the remedy abandoned properties and their surrounding neighbors truly need.
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