California Partition Referee 

Amy Harrington has served as a real property partition referee all across California, including the San Francisco Bay Area. She has been appointed as a fiduciary in over 50 cases since 2020.  She understands that conflicts involving complex assets and large investments require creative solutions, and taps into years of experience and extensive knowledge of partition and real property law to effectively carry out the duties of a partition referee and prepare required pleadings. 

How Does a California Partition Referee Help?

When disputes involving co-owners of real property and other assets emerge, solutions are often reached via mediation and other forms of negotiation. However, not every dispute lends itself to an easily reached agreement, which is where partition and partition referees come into play.

Partition is a formal division of interests carried out by the courts, one where property and other assets are divided between all involved parties pursuant to court order or stipulation of the parties. A partition referee is tasked with carrying out the duties involved in this process. The specifics of these duties vary based on the circumstances at hand, but can include tasks such as:

• Property Management: Taking control of the property to prevent waste and preserve its value.

• Rent Collection: Collecting rents and profits generated by the property to ensure all interests are protected.

• Maintenance and Repairs: Coordinating any necessary repairs and maintenance to keep the property in good condition, thereby preserving its value.

• Financial Management: Paying property expenses, including taxes, insurance, and operating costs, to maintain the property’s financial stability.

• Legal Compliance: Ensuring the property complies with all applicable laws and regulations.

• Sale of Real Property: Ensuring that property is fairly valued, marketed and sold either with court confirmation or by stipulation of the parties.

• Recommendations for Allocation of Sales Proceeds. Review claims for charges, credits and offsets from co-owners. Make recommendations for approval or rejection of claims and for distribution of sales proceeds.

• Accounting. Account for funds collected, expended and held in capacity as a fiduciary. Forensic Accounting to determine the amount of funds collected and expended prior to appointment of fiduciary.

Appointing the Right Partition Referee in California

An effective partition referee is a knowledgeable third party who is able to remain neutral, a role that is usually filled by legal professional such as an attorney. They understand that in-depth knowledge of receiverships, partition actions, and real property in California is vital when carrying out a legal procedure of this scope. Attorneys can draft their own legal pleadings and thereby reduce the cost of the partition action.

When involved in a family or business dispute involving property and other types of assets in California, you should ensure that the partition referee is someone  who will be fair to all involved parties.

 If you want to learn more about the partition process in California, and to speak with an experienced California Partition Referee, call our office today to schedule a free consultation.