San Diego County Partition Referee: Resolving Local Property Disputes

Disputes among co-owners of real estate in San Diego, whether siblings inheriting property, business partners dissolving a joint venture, or former couples breaking up, often lead to deadlock.

When co-owners can’t agree on what to do with the property, California law provides a clear legal remedy: a partition action.

What Is a Partition Action in California?

A partition action is a court-supervised process that allows a co-owner of real estate to force the division or sale of a jointly-owned property. This legal right is protected under California Code of Civil Procedure § 872.210, and any co-owner, whether living in La Jolla, North Park, or Chula Vista, may initiate one, unless they’ve previously waived that right.

In San Diego, partition actions are typically filed in the San Diego Superior Court, located at 1100 Union Street in downtown San Diego, just blocks from the Hall of Justice and Petco Park.

California law recognizes several types of partition:

• Partition in Kind: The property is physically divided between co-owners. This is more common with undeveloped land, such as lots near Otay Mesa or Jamul. (CCP § 872.810)
• Partition by Sale: The property is sold and the proceeds divided. This is the most common outcome for single-family homes in urban areas like Clairemont, Hillcrest, or Mission Valley. (CCP § 872.820)
• Partition by Appraisal: One or more co-owners may buy out the others’ shares based on appraised value. This approach became more prominent with the Partition of Real Property Act (CCP §§ 874.310–874.323) in 2022.

The Two Stages of a Partition Action

1. Determining Ownership & Sale Method

   The court first confirms the ownership shares and determines whether the property should be divided or sold. This includes reviewing deeds, tax records, and use history, often with help from legal professionals and, in complex cases, a Partition Referee.

2. Accounting and Distribution of Proceeds

   If the property is sold, the court ensures that sale proceeds are distributed fairly. Adjustments may be made for:

• Unequal mortgage payments
• Property taxes and insurance
• Repairs and improvements
• Exclusive use or rental income by one party

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

What Does a San Diego Partition Referee Do?

A San Diego Partition Referee is a neutral expert appointed by the court to manage the property’s division or sale. The referee is not hired or paid by any of the co-owners, instead, they are paid from the proceeds of the sale upon court approval.

In a Partition by Sale, the referee takes over duties such as:

• Hiring a licensed San Diego real estate broker
  
• Setting a competitive listing price for the property (e.g., a condo in East Village or a duplex in University Heights)
  
• Managing offers, negotiations, and sale documents
  
• Signing paperwork on behalf of uncooperative or absent owners

When dealing with Partition in Kind, such as parcels near Rancho Santa Fe or agricultural land in El Cajon, the Partition Referee helps physically divide the property in a fair and court-approved manner.

Referees can also be tasked with:

• Investigating liens (including those recorded with the San Diego County Recorder’s Office)
• Evaluating reimbursement claims
  
• Making recommendations on how to equitably resolve complex disputes
  

Whether you’re dealing with a Craftsman home near Balboa Park or inherited property in Pacific Beach, a San Diego Partition Referee ensures the process is impartial, efficient, and legally sound.

Why Choose Matthew Taylor as Your San Diego Partition Referee?

With over 30 years of experience as both a California attorney and licensed real estate broker, Matthew Taylor has handled hundreds of successful partition cases throughout the state.

He has acted as a partition referee on all types properties including single-family homes, multi-unit complexes, and commercial buildings, in neighborhoods like Encinitas, Escondido, Chula Vista, Oceanside, Carlsbad, El Cajon, Vista, San Marcos, La Mesa, Santee and more. His work includes high-value sales near the San Diego Convention Center, development parcels in Sorrento Valley, and complex family disputes involving vacation homes near Mission Beach.

Matthew Taylor understands the nuances of California real estate law and the practicalities of the San Diego housing market, from navigating city planning issues to leveraging local broker networks. Whether your case is filed at the downtown courthouse or involves property in the city of San Diego or elsewhere, you’ll benefit from the expertise of someone who understands the unique landscape of Southern California.

Get Trusted Partition Help in San Diego

If you’re facing a dispute over jointly-owned property, don’t let disagreements stall your future. Contact San Diego Partition Referee Matthew Taylor by calling us at 909-989-7774 to ensure your rights are protected and the process moves forward, fairly, efficiently, and legally. Contact us today to schedule a consultation.