Orange County Partition Referee: Guiding Property Co-Owners Toward Resolution

Whether it’s siblings disputing an inherited home in Old Towne Orange, former partners dividing a duplex in Costa Mesa, or business co-owners with differing goals for property in Irvine, co-ownership disputes in Orange County can create tension and deadlock.

When property co-owners can’t reach an agreement, California law offers a clear solution: a partition action, a legal process that allows the fair division or sale of jointly-owned real estate.

What Is a Partition Action in California?

A partition action is a court-supervised legal remedy that lets any co-owner of real property compel either a division or sale of the property. Under California Code of Civil Procedure § 872.210, every co-owner, whether living in Santa Ana, Laguna Hills, or Fullerton, has the right to file a partition case unless they’ve signed an agreement saying otherwise.

In Orange County, these matters are usually filed in the Orange County Superior Court, located at 700 W Civic Center Drive, Santa Ana, CA 92701, near the Orange County Clerk-Recorder and the Ronald Reagan Federal Building and Courthouse.

Properties Handled by Matthew Taylor in Orange County

• 526 S Nottingham Ave, Santa Ana, CA 92703
• 12635 Main St, Unit 201, Garden Grove, CA 92840
• 78012 Newman Ave, Huntington Beach, CA 92647
• 8972 La Stella Ave, Fountain Valley, CA 92708
• 814 S Garnsey St, Santa Ana, CA 92701
• 2038 S Hickory St, Santa Ana, CA 92707
• 6972 San Diego Dr, Buena Park, CA 90620
• 6211 San Rafael Dr, Buena Park, CA 90620
• 1519 Santee River, Placentia, CA 92870
• 2171 Lindauer Drive, La Habra, California 90631

Types of Partition Actions in Orange County

There are three main forms of partition recognized under California law:

• Partition in Kind
  The property is physically divided among the owners. This works best for undeveloped lots, such as land in Trabuco Canyon or Ortega Highway areas.
  (CCP § 872.810)
• Partition by Sale
  The property is sold and the proceeds are divided among the owners. This is the most common outcome for properties in urban and suburban communities like Anaheim Hills, Huntington Beach, and Mission Viejo.
  (CCP § 872.820)
• Partition by Appraisal
  One or more owners may buy out the others’ interest based on appraised value. This option, formalized under the Partition of Real Property Act (CCP §§ 874.310–874.323), allows for a private resolution that can avoid a public sale.

The Two Phases of a Partition Action

1. Determining Ownership & Sale Method
   The court first confirms ownership percentages and decides if the property will be divided or sold. This may involve reviewing deeds, financial records, and real estate documents. A qualified Orange County Partition Referee may be appointed to assist.
2. Accounting & Proceeds Distribution
   If a sale is ordered, the court ensures the proceeds are split fairly. Financial contributions by each co-owner are considered, including:

• Mortgage payments
• Property taxes, insurance, and HOA dues
• Repair or renovation expenses
• Rental income or sole occupancy by one party

These financial adjustments are guided by CCP § 873.850 and case law like Milian v. De Leon (1986) 181 Cal.App.3d 1185.

What Does an Orange County Partition Referee Do?

A Partition Referee is a neutral third party appointed by the court to manage the sale or division of the property. They are not paid by the co-owners, but rather from the sale proceeds, upon court approval.

In a Partition by Sale:

An Orange County Partition Referee steps in to:

• Hire a licensed local real estate broker familiar with markets from Irvine Spectrum to Laguna Niguel
• Set a fair and competitive listing price
• Review and manage all offers and negotiations
• Sign closing documents on behalf of any uncooperative or absentee co-owners

In a Partition in Kind:

The referee helps oversee the physical division of the property, ensuring compliance with court orders and applicable zoning regulations, especially relevant in large lots across Coto de Caza or Foothill Ranch.

Other Responsibilities:

• Evaluate claims for reimbursement or credits
• Investigate liens filed with the Orange County Clerk-Recorder’s Office
• Make impartial recommendations to the court on how to fairly resolve complex or contested issues

Whether the property is a single-family home near Chapman University, a beach cottage in Newport, or a commercial space along Tustin Avenue, the Partition Referee ensures a smooth, lawful process when co-owners can’t agree.

Why Choose Matthew Taylor as Your Orange County Partition Referee?

With over 30 years of experience as a California attorney and licensed real estate broker, Matthew Taylor has successfully resolved partition disputes involving every type of property, from homes in Anaheim to mixed-use buildings in Santa Ana to rural land in Orange Park Acres.

He understands the dynamics of Southern California real estate and works efficiently with local agents, attorneys, and escrow professionals. Whether your case is filed in the Central Justice Center in Santa Ana or involves property in Lake Forest or Brea, Matthew brings legal precision and practical real estate expertise to the table.

Get Trusted Partition Help in Orange County

If you’re stuck in a co-ownership dispute, don’t let the impasse drain your time and finances. Call Orange County Partition Referee Matthew Taylor today at 909-989-7774 to protect your rights and move the process forward, legally, fairly, and efficiently.

We assist clients across Orange County, including Anaheim, Santa Ana, Irvine, Huntington Beach, Tustin, Garden Grove, Fullerton, Orange, Costa Mesa, Dana Point, Buena Park, Mission Viejo, and beyond. Contact us today to schedule your consultation and take the first step toward resolution.