---
title: When is a Partition Referee Necessary?
description: A partition referee may be necessary when an individual needs to force the sale of a jointly owned property.
image: https://blog.griswoldreceivers.com/hubfs/shutterstock_2160317035.jpg
---

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# [When is a Partition Referee Necessary?](https://blog.griswoldreceivers.com/when-is-a-partition-referee-necessary)

January 17, 2023

![partition referee](https://blog.griswoldreceivers.com/hs-fs/hubfs/shutterstock_2160317035.jpg?width=6000&height=4000&name=shutterstock_2160317035.jpg)Filing a partition action is not on anyone’s bucket list, but when it’s necessary, it can create finality. 

The [partition remedy](https://blog.griswoldreceivers.com/partition-remedy-process) may not be necessary for every real estate dispute. Still, there are plenty of circumstances in which a court-appointed partition referee needs to step in and divide the property fairly. 

## What Is a Partition Referee?

A [partition referee](https://blog.griswoldreceivers.com/2014/04/what-is-a-court-appointed-partition-referee) is an individual who is appointed by a judge to oversee the division of real property subject to a dispute between co-owners. 

The partition referee’s role is often to sell the property and divide the assets equitably between the co-owners. Although receivers and partition referees are similar, there are some slight differences between the two roles. 

A [receiver](https://griswoldreceivers.com/practice-areas/) can be appointed to resolve a wider range of real estate or business disputes, which may or may not involve the sale of assets. Partition referees, however, play a more specific role of dividing or selling real property jointly-owned by parties to the lawsuit. 

## When Is a Partition Referee Necessary?

Many different circumstances could call for the appointment of a partition referee. However, the thing that all cases have in common is that one or more co-owners of a property has been determined to have the right to a partition action. 

Essentially, a partition action is a lawsuit in which one co-owner forces the sale or division of their jointly owned property.

A property owner may bring a partition lawsuit against a fellow co-owner in situations like these:

- Unresolvable conflict about what should be done with the property
- Disagreement over the division of inherited real estate assets
- Problems between a divorcing or divorced couple
- Failed business partnerships
- Unwillingness of one co-owner to take appropriate action to care for and maintain the property
- Accusations of mismanagement of funds related to a property

## How Is a Referee Appointed?

After one co-owner of property files a partition action and formally seeks the appointment of partition referee, a [referee can be appointed](https://blog.griswoldreceivers.com/2020/04/partition-of-real-property-in-california-appointment-of-a-partition-referee). While a party has the right to recommend a particular partition referee, ultimately the judge selects and appoints the court-appointed partition referee. 

## Griswold Receivers–Experienced Partition Referees

Richardson “Red” Griswold has served as a partition referee in numerous partition action lawsuits. He has been appointed over 150 times by courts in the state of California to serve as a receiver or referee, and he knows the partition process inside and out. 

To learn more about the partition process, check out Griswold Receivers’s [brand new whitepaper](https://content.griswoldreceivers.com/partition-action-process-whitepaper) that will take you through everything, from beginning to end. 

[![Download the Whitepaper](https://hubspot-no-cache-na2-prod.s3.amazonaws.com/cta/default/8226923/24daa366-507b-480e-a931-377ccb5fdee9.png)](https://hubspot-cta-redirect-na2-prod.s3.amazonaws.com/cta/redirect/8226923/24daa366-507b-480e-a931-377ccb5fdee9)

 

If you have questions or are ready to learn more, [schedule a consultation](https://griswoldreceivers.com/about-griswold-law/#CONTACT) with Griswold Receivers today.

 

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- [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

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