20+ Year Experienced Court Appointed Partition Referee

When an individual serves as a partition referee, there are some similarities to being appointed as a Receiver but also some very big differences. Attorney Matthew Taylor has served as both a business & property receiver, as well as a real property partition referee. Download CV.

Matthew Taylor is a Licensed California Real Estate Broker, DRE #02189284.

What Does a Partition Referee Do?

A partition referee is a neutral third party appointed by a judge to oversee the partition or division of real or personal property. Usually the property is sold by the referee, and the proceeds are disbursed by the court to the owners. The referee sells the property in coordination with the instructions from the court (Code Civ. Proc. 873.510). A referee is most often appointed in matters involving family or business partner disputes, spousal disputes or property with a missing owner. According to California Code of Civil Procedure CCP 873.010 (a) “The court shall appoint a referee to divide or sell the property as ordered by the court.”

Click HERE to read an article published by Matthew L. Taylor in the Western San Bernardino County Bar Association which discusses the remedy of partition of real property by a court-appointed Partition Referee.

How is a Referee Appointed?

Generally, both parties can mutually agree upon a referee to be appointed, in which case the court would generally follow their request. However, in cases where there is no agreement among the parties, the judge may unilaterally appoint a referee.

Once a referee is appointed, the referee is primarily responsible and accountable to the court/judge. (Code Civ. Proc. 873.510): “The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided in this chapter.”

What Authority Does a Partition Referee Have?

According to California Code of Civil Procedure CCP 873.060 a court appointed referee “may perform any acts necessary to exercise the authority conferred by this title or by order of this court.” Ultimately, a court referee has the authority to sell the property efficiently by whatever means necessary to insure the fulfillment of the court order, including public auction or private sale. This may include actions like:

• Hiring a real estate agent or broker
• Employing a lawyer
• Signing a purchase/sale agreement
• Signing Deeds

Contact Attorney Matthew L. Taylor

If you are in the midst of a family or business dispute, or divorce with a significant property at stake it may be within all parties’ best interest to rely on an experienced neutral attorney to divide the property or sell and divide the proceeds equitably. Attorney Matthew Taylor has over 20 years of experience in matters concerning receiverships and partition actions, and has been appointed as a partition referee and receiver numerous times in San Bernardino, Riverside, Orange County and Los Angeles counties. Call (909) 989-7774 now to discuss whether a partition referee is appropriate for your situation.

California Receivers Forum Member Since 1996.