Marin County Partition Referee: Guiding Co-Owners Through Real Estate Disputes in the North Bay

Whether you’re dealing with a family inheritance dispute over a home in Mill Valley, navigating a breakup while owning a duplex in San Rafael, or working through a business dissolution involving commercial property in Larkspur, real estate co-ownership conflicts in Marin County can quickly become complex and costly.

When co-owners can’t agree on what to do with the property, California law provides a powerful solution: a partition action, a legal process designed to ensure fair resolution through either property division or sale.

What Is a Partition Action in California?

A partition action is a court-supervised process that allows any co-owner of real estate to request the court to divide or sell the property. Under California Code of Civil Procedure § 872.210, this right exists unless all owners have waived it in a binding agreement.

In Marin County, partition actions are typically filed with the Superior Court of California – County of Marin, located at 3501 Civic Center Drive, San Rafael, CA 94903, near the Marin Civic Center, designed by Frank Lloyd Wright, and adjacent to the County Recorder’s Office.

Types of Partition Actions in Marin County

California recognizes three types of partition:

• Partition in Kind
  The property is physically divided among the co-owners. This method is more common for undeveloped or rural parcels, such as properties in Nicasio, Tomales, or Lagunitas.
  (CCP § 872.810)
• Partition by Sale
  The property is sold, and the proceeds are divided among the co-owners. This is the most common option in residential areas like Corte Madera, Fairfax, and Tiburon, where physical division is often impractical.
  (CCP § 872.820)
• Partition by Appraisal
  One or more co-owners buy out the others based on appraised market value. This approach, supported by the Partition of Real Property Act (CCP §§ 874.310–874.323), is often favored when families or partnerships prefer to avoid a public sale.

The Two Phases of a Partition Action

1. Ownership Confirmation & Division Method

The court first determines each co-owner’s percentage interest and decides whether to divide the property or sell it. This often involves reviewing deeds, mortgage records, and usage history, with guidance from a Marin Partition Referee when needed.

2. Accounting & Proceeds Distribution

If the court orders a sale, the net proceeds are distributed fairly, often after accounting for:

• Mortgage payments and taxes
  
• Property insurance and HOA fees
  
• Renovations or improvements
  
• Rental income or exclusive use by one party

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

What Does a Marin Partition Referee Do?

A Partition Referee is a neutral third party appointed by the court to oversee the property’s division or sale. Referees are paid from the sale proceeds, not directly by the co-owners.

In a Partition by Sale:

A Marin Partition Referee will:

• Hire a licensed real estate broker experienced in Marin neighborhoods from Belvedere to Novato
  
• Set a market-appropriate listing price
  
• Oversee marketing, negotiation, and escrow
  
• Sign contracts and closing documents on behalf of uncooperative or absent co-owners

In a Partition in Kind:

The referee helps divide property equitably, especially in rural or semi-rural lots throughout West Marin, ensuring compliance with Marin County zoning and court orders.

Additional Duties:

• Investigate liens with the Marin County Recorder’s Office
  
• Review reimbursement claims between co-owners
  
• Provide impartial recommendations to the court to support a fair resolution

Whether you’re dealing with a hillside home near Mt. Tamalpais, a cottage in Bolinas, or a multi-unit investment property near Downtown San Rafael, a Partition Referee ensures the process is handled efficiently, legally, and fairly.

Why Choose Matthew Taylor as Your Marin Partition Referee?

With over 30 years of experience as both a California attorney and licensed real estate broker, Matthew Taylor has resolved hundreds of partition cases across Northern and Southern California.

He has helped co-owners navigate disputes involving luxury homes, historic properties, commercial real estate, and vacant land. Matthew understands the nuances of Marin County’s real estate market, zoning issues, and legal landscape.

Whether you’re dealing with a property near Stinson Beach, a farmhouse in Point Reyes, or an investment asset in Greenbrae, Matthew Taylor offers the practical expertise and legal clarity you need to move forward.

Get Trusted Partition Help in Marin County

If you’re stuck in a property co-ownership conflict and need a clear, fair path forward, call Marin Partition Referee Matthew Taylor today at 909-989-7774. He’ll help you understand your legal rights and guide you toward resolution.

We serve clients throughout Marin County, including San Rafael, Novato, Mill Valley, San Anselmo, Larkspur, Corte Madera, Fairfax, Sausalito, Ross, Kentfield, Strawberry, and beyond.

Contact us now to schedule a consultation and begin the process of resolving your co-ownership dispute with confidence.