The appointment of a partition referee is one of the most important aspects of a Partition Action. A partition referee is a neutral third party that is appointed by and accountable to the court. The sole function of a partition referee is to assist the court in matters related to partition actions. (CCP § 873.510.)…
Continue reading ›Even when a party finally secures a judgment of partition, the property itself must still be sold (or partitioned in another way). This raises a brand-new set of issues for litigants as they attempt to figure out the terms of sale, when the property should be sold, and, most importantly, the asking price. Usually, anyone…
Continue reading ›In most partition actions, the court appoints a partition referee in order to see that the property is sold or properly divided. The job of a Partition referee requires one to carry out several responsibilities and obligations. The purpose of this article is to provide some information on a partition referee’s duties and authority under…
Continue reading ›The Partition of Real Property Act (PRPA) is an exciting new development in real estate law only recently passed by the California Legislature. Its effects are far-reaching, and its changes to the procedure for partitions cannot be understated. At Underwood Law Firm, our attorneys are more than familiar with partitions and the complexities such lawsuits…
Continue reading ›Partition litigation can be broadly categorized into two phases. In the first, the parties fight over whether there is a right to partition the subject property. If the court agrees that such a right exists, then the litigation shifts into the second phase, where the parties determine the manner and means by which the property…
Continue reading ›Partitions by appraisal are a unique way to resolve a partition dispute. In essence, they are buyouts that the parties contractually agree to, allowing one party to remain on the jointly-owned property in exchange for purchasing the other co-owner’s interest at an appraised value. This seemingly middle-of-the-road option, however, is one of the options available…
Continue reading ›Sir William Blackstone is a titan in the field of legal jurisprudence. His 1765 work, Commentaries on the Laws of England, is his most famous legal treatise, forming the backbone of common law analysis as modern lawyers understand it today. Without his efforts centuries ago, our conceptions of property, individual rights, and governmental authority would…
Continue reading ›The Uniform Partition of Heirs Act is a new law that changes the procedure for partitions. A partition action is a court-ordered process where a property owner forces a sale of jointly owned real estate. Essentially, a partition action exists to allow people who own real estate together to take their share of the equity…
Continue reading ›When co-owners of property decide they want to go their separate ways but cannot come to an agreement on a buyout or reimbursements, they can institute a partition action and have the court system solve the problem. While partition actions usually involve homes or commercial properties, they can also involve condominiums. Condos bring with them…
Continue reading ›What is a Partition Action? A partition action is a court-ordered process where a property owner forces a sale of jointly owned real estate. Essentially, a partition action exists to allow people who own real estate together to take their share of the equity and go their separate ways. But, as simple as this seems,…
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