Santa Clara County Partition Referee: Resolving Property Co-Ownership Disputes in the Heart of Silicon Valley

Co-ownership disputes in Santa Clara County are more common than many expect. Whether it’s siblings who’ve inherited a family home near El Camino Real, divorced spouses who can’t agree on what to do with their condo in North San Jose, or business partners dividing a mixed-use property near Santa Clara University, real estate disagreements can become legal roadblocks.

When co-owners can’t reach a resolution, California law provides a powerful legal tool: a partition action.

What Is a Partition Action in California?

A partition action is a legal proceeding that allows any co-owner of real property to force the division or sale of jointly owned property. Under California Code of Civil Procedure § 872.210, this right exists unless explicitly waived.

Whether you live in Sunnyvale, Cupertino, or Palo Alto, if you jointly own real estate and no longer agree with your co-owner(s), you can file a partition action with the court.

In Santa Clara County, these actions are generally filed at the Superior Court of California, County of Santa Clara – Downtown Courthouse, located at 191 North First Street, San Jose, CA 95113, just steps from San Pedro Square Market and the Santa Clara County Government Center.

Properties Handled by Matthew Taylor in Santa Clara County

• 410 Sheridan Ave, #107, Palo Alto, CA 94306
• 1500 W. San Tomas Aquino Rd, Campbell, CA 95008
• 3016 Shadow Springs Place, San Jose, CA 95121
• 1775 San Ramon Ave, Mountain View, CA 94043
• 4173 El Camino Real, Apt 37, Palo Alto, CA 94306

Types of Partition Actions in Santa Clara

California law allows for three primary types of partition actions:

• Partition in Kind
  The court divides the property physically among co-owners. This option is more suitable for large or undeveloped land parcels, such as those in Morgan Hill, Gilroy, or the Alviso area.
  (CCP § 872.810)
• Partition by Sale
  The court orders the property to be sold and the proceeds divided. This is the most common outcome in urban areas like Santa Clara, Campbell, and Milpitas, where dividing a home, townhouse, or condo is not practical.
  (CCP § 872.820)
• Partition by Appraisal
  In this method, one co-owner buys out the others at appraised value. This process was strengthened under the Partition of Real Property Act (CCP §§ 874.310–874.323) and is especially helpful when family members or longtime business partners wish to keep the property within their group.

Two Phases of a Partition Action

1. Ownership Determination and Property Disposition

The court will confirm ownership shares and determine whether the property should be sold or divided. This often includes a review of title deeds, mortgage records, and financial contributions, sometimes with assistance from a Santa Clara Partition Referee, especially in contested or complex cases.

2. Proceeds Distribution and Financial Adjustments

If the property is sold, the court ensures that proceeds are distributed equitably, accounting for:

• Unequal mortgage or tax contributions
  
• Improvements or renovations made by one party
  
• Rental income or exclusive use by one owner

These adjustments are made in accordance with CCP § 873.850 and case law such as Milian v. De Leon (1986) 181 Cal.App.3d 1185.

What Does a Santa Clara Partition Referee Do?

A Santa Clara Partition Referee is a court-appointed neutral third party who manages the division or sale of the disputed property. The referee is not paid by the individual parties, but rather from the sale proceeds (with court approval).

In a Partition by Sale:

The referee may:

• Hire a licensed local real estate agent with experience in the Santa Clara Valley market
  
• Set a market-driven listing price (e.g., for a home near Valley Fair Mall or a rental near San Jose State University)
  
• Manage negotiations, offers, and closing
  
• Sign required documents on behalf of absent or non-cooperative co-owners

In a Partition in Kind:

The referee may oversee the physical division of properties, especially in rural parts of South County, such as San Martin or Coyote Valley.

Additional Duties:

• Evaluate reimbursement or credit claims between owners
  
• Investigate liens through the Santa Clara County Recorder’s Office
  
• Make neutral recommendations to the court to guide a fair and efficient outcome

A Partition Referee helps the process move forward, even when relationships are strained or co-owners are unreachable.

Why Choose Matthew Taylor as Your Santa Clara Partition Referee?

Matthew Taylor brings more than 30 years of experience as a licensed California attorney and real estate broker. He has managed hundreds of partition cases across the state, including disputes involving Silicon Valley properties, inherited homes, investment properties, and large commercial sites.

Whether the property is a condo in Santa Clara’s Rivermark Village, a duplex in Willow Glen, or farmland near Gilroy, Matthew combines deep legal knowledge with hands-on real estate experience to deliver swift and fair resolutions.

He works with local brokers, understands Santa Clara County zoning regulations, and is skilled at navigating complex title and ownership issues with professionalism and neutrality.

Get Trusted Partition Help in Santa Clara County

If you’re involved in a co-ownership dispute that feels impossible to resolve, don’t let the situation drag on. Contact Santa Clara Partition Referee Matthew Taylor at 909-989-7774 to get answers, protect your interests, and move toward a fair solution.

We serve clients throughout Santa Clara County, including San Jose, Sunnyvale, Mountain View, Milpitas, Los Gatos, Palo Alto, Saratoga, Cupertino, and beyond.

Call today or contact us online to schedule your consultation.