---
title: What is a Court-Appointed Partition Referee?
description: A court-appointed partition referee is someone who can help resolve complex legal disputes between multiple real property owners.
---

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# [What is a Court-Appointed Partition Referee?](https://blog.griswoldreceivers.com/what-is-a-court-appointed-partition-referee)

April 22, 2024

Court-Appointed Partition Referees and Post-Judgment Receiverships

Business relationships sour, married couples split up, and family members can’t agree on what to do about a property they share. When these situations can’t be resolved through other means, the courts may appoint a partition referee. 

![Hand about to bang gavel on sounding block in the court room](https://blog.griswoldreceivers.com/hs-fs/hubfs/Hand%20about%20to%20bang%20gavel%20on%20sounding%20block%20in%20the%20court%20room.jpeg?width=705&height=470&name=Hand%20about%20to%20bang%20gavel%20on%20sounding%20block%20in%20the%20court%20room.jpeg)

A **court-appointed partition referee**is a neutral third-party individual appointed by the courts to address disputes between co-owners of real property. 

## What Does a Court-Appointed Partition Referee Do?  

A [partition action](https://blog.griswoldreceivers.com/what-is-a-partition-referee) occurs when one co-owner petitions the court to force the other co-owner(s) to cooperate with either the sale or division of the property they own together. When the court validates the petitioner’s claim, the partition referee is appointed and is authorized to: 

- Collect any rental payments until the legal conflict is fully resolved
- Hire property inspectors to investigate the condition of the property
- Hire a real estate broker to sell the property
- Negotiate the sale of the property
- Collect the proceeds and distribute them according to the court’s orders

### Accounting & Distribution Process

Once the property is sold, owners’ claims of credits, reimbursements and deductions will be addressed. 

The division of the assets is determined during the accounting phase of the partition action. California Code of Civil Procedure [section 827.140 states](https://casetext.com/statute/california-codes/california-code-of-civil-procedure/part-2-of-civil-actions/title-105-partition-of-real-and-personal-property/chapter-1-general-provisions/article-2-powers-of-court/section-872140-ordering-allowance-accounting-contribution-other-compensatory-adjustment) that the courts may “order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.”

## When Is a Partition Referee Needed?

### 1. Investment partners who are in conflict 

If three parties jointly owned a piece of property, there could be a disagreement over what to do when one or more parties want to sell. You can easily imagine a situation where Party A wants to sell the property and split the proceeds, Party B wants to wait until the market warms up, and Party C wants to retain the property for the long term, collecting rental income from an existing tenant. 

If there is no way to resolve this dispute without involving the courts, one of the parties can seek the appointment of a partition referee. The referee will most commonly choose between three resolution options:

1) Sell and distribute the net proceeds to the co-owners

2) Physically divide the real property

3) Sell one co-owner’s interest in the property to another co-owner

 

## 2.  Divorcing spouses who cannot agree on property

Divorce proceedings frequently involve disputes over jointly owned real estate. When a married couple cannot agree on what to do with a shared property — whether a primary residence, a vacation home, or an investment property — the court may appoint a partition referee to resolve the impasse.

Common points of conflict include whether to sell the property or allow one spouse to buy out the other, how to handle a property that has been partially funded by one spouse's separate assets, disagreements over the property's value or the timing of a sale, and situations where one spouse is living in the home and resisting cooperation with the sale process. A partition referee cuts through these disputes by taking control of the process, ensuring the property is handled fairly and efficiently regardless of the personal dynamics between the parties.

### 3. Siblings who disagree over inheritance

One of the most common reasons for a partition referee is related to inheritance.  When adult siblings inherit a piece of property from their deceased parents, it is difficult to get everyone to agree on what should happen next. Any time you have multiple individuals who own portions of a single property, it is easy for people to disagree on how to handle it. 

These complications are even more likely to emerge when the co-owners don’t seek out joint ownership, which is often the case with sibling inheritance. One sibling may want to hold onto the property for decades to allow it to fully appreciate in value. Typically, this is the sibling who is the most financially secure. Another sibling may want to seek a quick sale, especially if they are struggling financially. Alternatively, one or more siblings may think that another sibling is not well-suited to manage the property. Finally, if an additional sibling is out of contact with the others, that complicates things even further.  
This is another example where one or many parties may seek to file a partition action and request the [appointment of a partition referee](https://blog.griswoldreceivers.com/3-tips-for-identifying-the-right-court-appointed-receiver). 

## Griswold Receivers – California’s Trusted Partition Referee Law Firm

Richardson “Red” Griswold has been appointed over 300 times to serve as a [court-appointed receiver](https://griswoldreceivers.com/practice-areas/) and a partition referee.   
To learn more about how our team can help you or your clients as a court-appointed partition referee, [reach out to us today](https://griswoldreceivers.com/about-griswold-law/#CONTACT) and set up a time to talk. 

[Click here to learn more](https://griswoldreceivers.com/partition-referee/) about our partition referee services. 

 

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- [real property lien (1)](https://blog.griswoldreceivers.com/tag/real-property-lien)
- [real property receiver (1)](https://blog.griswoldreceivers.com/tag/real-property-receiver)
- [relocation (1)](https://blog.griswoldreceivers.com/tag/relocation)
- [rental (1)](https://blog.griswoldreceivers.com/tag/rental)
- [repair (1)](https://blog.griswoldreceivers.com/tag/repair)
- [residential zoning laws (1)](https://blog.griswoldreceivers.com/tag/residential-zoning-laws)
- [retail center (1)](https://blog.griswoldreceivers.com/tag/retail-center)
- [right of possession (1)](https://blog.griswoldreceivers.com/tag/right-of-possession)
- [safety (1)](https://blog.griswoldreceivers.com/tag/safety)
- [san diego real estate (1)](https://blog.griswoldreceivers.com/tag/san-diego-real-estate)
- [sex trafficking (1)](https://blog.griswoldreceivers.com/tag/sex-trafficking)
- [short-term rental (1)](https://blog.griswoldreceivers.com/tag/short-term-rental)
- [sober living house (1)](https://blog.griswoldreceivers.com/tag/sober-living-house)
- [struggling hotels (1)](https://blog.griswoldreceivers.com/tag/struggling-hotels)
- [substandard hotel (1)](https://blog.griswoldreceivers.com/tag/substandard-hotel)
- [sunnyvale (1)](https://blog.griswoldreceivers.com/tag/sunnyvale)
- [tenancy (1)](https://blog.griswoldreceivers.com/tag/tenancy)
- [unlicensed in-home business (1)](https://blog.griswoldreceivers.com/tag/unlicensed-in-home-business)
- [wage garnishment (1)](https://blog.griswoldreceivers.com/tag/wage-garnishment)
- [warranty of habitability (1)](https://blog.griswoldreceivers.com/tag/warranty-of-habitability)
- [weed abatement (1)](https://blog.griswoldreceivers.com/tag/weed-abatement)
- [writ of execution (1)](https://blog.griswoldreceivers.com/tag/writ-of-execution)

See all

### Recent Posts

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