Sacramento County Partition Referee

Sacramento County Partition Referee: Helping Co-Owners Resolve Property Disputes Across the Capital Region

Attorney Matthew TaylorWhether you’re managing a dispute over a historic home near Land Park, trying to divide a duplex in Tahoe Park, or splitting a commercial property near the R Street Corridor, co-ownership conflicts in Sacramento County can quickly turn stressful, expensive, and emotionally exhausting.

Fortunately, California law offers a clear path forward: a partition action, a legal process that allows for the fair division or sale of jointly owned property when co-owners can’t agree.

What Is a Partition Action in California?

A partition action is a court-supervised legal remedy that allows any co-owner of real estate to compel the division or sale of the property. As outlined in California Code of Civil Procedure § 872.210, this right applies to co-owners in Sacramento, Elk Grove, Citrus Heights, and across Sacramento County, unless explicitly waived by contract.

These cases are typically filed with the Sacramento County Superior Court, located at 720 9th Street, Sacramento, CA 95814, just a few blocks from Capitol Park, Sacramento City Hall, and the County Recorder’s Office on K Street.

Properties Handled by Matthew Taylor in Sacramento County

Types of Partition Actions in Sacramento County

California law recognizes three primary forms of partition:

  • Partition in Kind
    The property is physically divided between co-owners. This option is most viable for undeveloped land or agricultural parcels, such as those in Wilton, Herald, or Rancho Murieta.
    (CCP § 872.810)
  • Partition by Sale
    The court orders the property sold and divides the proceeds among the co-owners. This is the most common method for residential and commercial properties in urban areas like Midtown Sacramento, Arden-Arcade, and Natomas, where physical division is impractical.
    (CCP § 872.820)
  • Partition by Appraisal
    In this option, one or more co-owners buy out the others based on fair market value. Governed by the Partition of Real Property Act (CCP §§ 874.310–874.323), this method helps preserve family ownership or minimize disruption.

Two Phases of a Partition Action

1. Confirming Ownership and Choosing Division Method

The court first verifies each party’s ownership percentage and then decides whether the property will be divided or sold. This process often involves examining deeds, mortgages, and other financial records. A qualified Sacramento Partition Referee may be appointed to evaluate the situation and guide the process.

2. Distributing Proceeds and Adjusting for Expenses

If the property is sold, the court will ensure fair distribution of proceeds based on each co-owner’s share, adjusted for:

  • Mortgage payments, taxes, and insurance
  • Repair or improvement costs
  • Rental income or exclusive occupancy by one party

These financial claims are governed by CCP § 873.850 and case law such as Milian v. De Leon (1986) 181 Cal.App.3d 1185.

What Does a Sacramento Partition Referee Do?

A Partition Referee is a neutral third party appointed by the court to carry out the sale or physical division of a property. Referees are paid through the sale proceeds, not by the individual parties.

In a Partition by Sale:

The Sacramento Partition Referee will:

  • Hire a real estate broker experienced in local markets from East Sacramento to Pocket-Greenhaven
  • Set a fair and competitive listing price
  • Review offers, manage counteroffers, and handle escrow
  • Sign sale documents on behalf of non-cooperative or missing co-owners

In a Partition in Kind:

The referee oversees the physical division of land, particularly in more rural parts of the county such as Sloughhouse, Elverta, or Galt, ensuring alignment with Sacramento County zoning regulations.

Additional Responsibilities:

  • Review reimbursement or credit claims
  • Investigate title issues or liens filed with the Sacramento County Recorder’s Office
  • Make fair, unbiased recommendations to the court

Whether the property is a family home in Curtis Park, a condo near DOCO (Downtown Commons), or a commercial building off Howe Avenue, a Partition Referee ensures the process is handled efficiently and equitably.

Why Choose Matthew Taylor as Your Sacramento Partition Referee?

Matthew Taylor brings more than 30 years of experience as a California attorney and licensed real estate broker. He has successfully managed hundreds of partition cases across the state, including properties throughout Sacramento County.

Matthew has resolved partition matters involving single-family homes, duplexes, farmland, and retail spaces, helping clients navigate co-ownership disputes with clarity, neutrality, and a firm grasp of real estate and legal procedures. Whether your case is filed in Downtown Sacramento or involves property in Folsom, Antelope, or Fair Oaks, Matthew Taylor provides practical guidance and trusted results.

Get Trusted Partition Help in Sacramento County

If you’re facing a co-ownership dispute and don’t know where to begin, reach out to Sacramento Partition Referee Matthew Taylor at 909-989-7774. He will walk you through your options and help you resolve the situation, fairly, legally, and without unnecessary delays.

We proudly serve clients throughout Sacramento County, including Elk Grove, Arden-Arcade, Citrus Heights, Carmichael, Folsom, Rancho Cordova, Florin, Galt, and surrounding communities.

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