Contra Costa County Partition Referee

Contra Costa County Partition Referee: Resolving Real Estate Disputes for Co-Owners Across the East Bay

Attorney Matthew TaylorWhether you’re trying to resolve a family inheritance dispute over a home in Walnut Creek, dividing a duplex in Richmond, or settling a business disagreement over commercial property in Concord, real estate co-ownership conflicts in Contra Costa County can become emotionally and financially draining.

When property co-owners can’t come to an agreement, California law provides a clear legal pathway: a partition action. This process allows for the court-supervised division or sale of jointly owned real estate.

What Is a Partition Action in California?

A partition action is a legal remedy under California Code of Civil Procedure § 872.210, which allows any co-owner of real property to request the division or sale of the property through court supervision, unless that right has been waived in a written agreement.

In Contra Costa County, partition actions are typically filed with the Superior Court of California – County of Contra Costa, located at 725 Court Street, Martinez, CA 94553. This location is steps away from the Contra Costa County Recorder’s Office and near key civic buildings such as the Martinez Detention Facility and City Hall.

Properties Handled by Matthew Taylor in Contra Costa County

Types of Partition Actions in Contra Costa County

There are three primary types of partition actions under California law:

  • Partition in Kind
    The property is physically divided among the co-owners. This option is most viable for larger or undeveloped lots, such as those in Lafayette, Danville, or the more rural areas of Byron or Knightsen.
    (CCP § 872.810)
  • Partition by Sale
    The property is sold and the proceeds are divided among the co-owners. This is the most common outcome in urban and suburban areas like Antioch, San Ramon, Brentwood, or El Cerrito.
    (CCP § 872.820)
  • Partition by Appraisal
    One or more co-owners may buy out the others at appraised market value. Governed by the Partition of Real Property Act (CCP §§ 874.310–874.323), this method is often used to preserve family homes or business properties while avoiding public sale.

The Two Phases of a Partition Action

1. Determining Ownership and Method of Division

The court reviews deeds, mortgage documents, and financial contributions to confirm each party’s ownership percentage. The judge then determines whether the property will be divided or sold. A Contra Costa Partition Referee may be appointed to facilitate this phase and provide impartial oversight.

2. Distribution of Proceeds and Financial Adjustments

If a sale is ordered, the court ensures that the proceeds are distributed fairly, accounting for:

  • Unequal payments toward mortgage, taxes, or insurance
  • Contributions to repairs and improvements
  • Rental income or exclusive use of the property by one party

These adjustments follow CCP § 873.850 and court precedents such as Milian v. De Leon (1986) 181 Cal.App.3d 1185.

What Does a Contra Costa Partition Referee Do?

A Partition Referee is a neutral third party appointed by the court to manage the division or sale of the property. Referees are paid through proceeds from the property sale, not directly by the parties involved.

In a Partition by Sale:

A Contra Costa Partition Referee will:

  • Hire a qualified local real estate agent familiar with the Contra Costa market—from Clayton to Pinole
  • Set a fair and market-appropriate listing price
  • Manage property showings, offers, and negotiations
  • Sign documents and facilitate closing for uncooperative or absentee co-owners

In a Partition in Kind:

The referee oversees the physical division of the property, ensuring compliance with Contra Costa County zoning and planning regulations, especially for large parcels near Marsh Creek Road or Alhambra Valley.

Additional Responsibilities:

  • Review reimbursement and accounting claims
  • Investigate liens and encumbrances filed with the Contra Costa County Clerk-Recorder’s Office
  • Make objective recommendations to the court for equitable resolution

Whether you’re dealing with a townhouse in Pleasant Hill, a commercial warehouse near Highway 4, or inherited land in Moraga, the referee ensures that the process proceeds lawfully and efficiently.

Why Choose Matthew Taylor as Your Contra Costa Partition Referee?

Matthew Taylor is both a California attorney and licensed real estate broker with over 30 years of experience managing complex co-ownership and partition disputes. He has resolved hundreds of cases involving everything from single-family homes to large rural and commercial properties.

Matthew understands the legal nuances of partition law and the market-specific factors of Contra Costa County, from BART-accessible neighborhoods to rural estates in East County. Whether your property is in Hercules, Martinez, or Blackhawk, Matthew brings a steady, informed approach to each case.

Get Trusted Partition Help in Contra Costa County

If you’re facing a real estate co-ownership dispute and need guidance, contact Contra Costa Partition Referee Matthew Taylor today at 909-989-7774. He’ll help you explore your legal options and manage the partition process from start to finish.

We proudly serve clients throughout Contra Costa County, including Antioch, San Ramon, Walnut Creek, Richmond, Pittsburg, Brentwood, Danville, Concord, Orinda, Oakley, Martinez, and beyond.

Call now or contact us online to schedule your consultation and take the first step toward resolving your property dispute.