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San Jose Partition Referee

ANAND LAW > San Jose Partition Referee

ANAND LAW serves as court-appointed partition referee in San Jose, and throughout California.    We manage and sell all types of properties, including single-family residential, multi-family, apartments, and vacant land.  We also offer Partition Mediation services. 

ANAND LAW is composed of attorneys, business/financial strategists, and real estate brokers who bring a breadth of experience and knowledge to these roles.  Our extensive litigation and property law experience allow us to resolve disputes in a neutral and expedient manner.

Partition Referee Los Angeles, Orange, San Diego, Santa Barbara, Ventura, Riverside, San Bernardino
California Partition Referee and Receiver
Partition Referee Los Angeles, Orange Riverside, San Bernardino, Santa Barbara, San Diego
California Partition Referee and Reciever


We have counseled and represented parties in connection with real property ranging in value from $300,000 to $25,000,000, including residential properties, multi-units, and apartments.  We have successfully resolved actions related to analysis of title history/recorded documents, complex title issues (e.g. lien priority disputes, reattachment of junior liens wiped off by foreclosure of senior lienholder, leasehold vs. mortgage priority), partition, Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), construction, and broker duties.

We have a network of agents throughout California which allows us to provide hyper-localized expertise of the markets, and maximize value for you and your clients. We also routinely work with a variety of developers, contractors, brokers, agents, investors, family offices, experts (including construction, geology, and handwriting), appraisers, and notaries.


When seeking the appointment of a partition referee, it is important to find a firm that has knowledge of property law, litigation, and real estate markets. ANAND LAW has in-depth knowledge of all three, which allows us to resolve partition disputes quickly and fairly for all parties involved.

We have experience to deal with any issue that may arise in a partition action, including: corporate ownership, sale of attendant business, unlawful detainer (evictions), quiet title, boundary disputes, TIC properties, tenant properties, unexpired  leases, hazardous materials, code violations, mechanics liens, unrecorded easements, and HOA regulations.  We ensure that all potential pitfalls are accounted for in order to resolve your situation with finality.


Somewhat.  Typically, a person appointed to take over a business is referred to as a Receiver.   A Referee is typically appointed to primarily sell real property.  However, part of a Referee’s assignment usually includes managing the property prior to selling it.  This may include collecting rents, maintenance, making repairs and potentially improving the property to maximize the sale.  Thus, a Referee is responsible for running the business of managing the property.  A Referee is a form of Receiver, and they are not mutually exclusive terms.


Partition by Sale or Partition by Appraisal

Usually, the court will order a division by sale unless the parties agree to partition by appraisal or the court determines a division in kind (i.e. physical division) is possible. Once this is determined, the court appoints a partition referee to handle the actual partition of the property. The partition referee may be authorized to employ attorneys, surveyors, engineers, and others to carry out the division.

Partition by Valuation

If the parties agree, the property can be partitioned based on a valuation.  There are a number of ways to do this, but generally an appraiser will be agreed upon, or the parties will submit names to the Referee and/or the Court, and one will be selected (of course, these parameters can vary based on the parties creativity and leverage); and after a final valuation is set based on the parameters agreed to, each party will be given a chance to buy the other out, and if neither does, the property will be sold and the proceeds divided based on ownership interests, other adjustments, and equity.

As part of the partition process, there will be an accounting of charges and credits to each co-owner’s share. Both plaintiff(s) and defendant(s) will want to seek reimbursement of money spent to maintain, improve or preserve property that benefits all co-owners. Credits can include expenditures in excess of the co-owner’s fractional share for necessary repairs, improvements that enhance the value of the property, taxes, payments of principal and interest on mortgages, and other liens, insurance for common benefit, and protection and preservation of title.

Partition of Heirs Property

The Uniform Partition of Heirs Property Act (UPHPA) modified the above statutory framework, effective January 1, 2022, creating a right for certain co-owners to force a buy-out based on an appraised value of the property. The UPHPA applies to “Heirs Property”—defined as property (i) owned at least 20% by relatives and (ii) where the interest of the party seeking to buy-out was acquired by a relative.  California Code of Civil Procedure §874.311 Et Seq. (2021).

Under the UPHPA, when an action for partition is filed by a co-owner of inherited property, the other co-owners/heirs are provided with an opportunity to buy out the property at fair market value.   The co-owner seeking to buy out the others’ shares must timely make an election with the court and timely deposit sufficient funds with the court.

The Partition of Real Property Act

In actions filed after January 1, 2023, the Partition of Real Property Act applies to all property held by tenants in common unless (1) they have an agreement not to partition the property, or (2) they have a written agreement specifying another procedure for partition of the property. Thus, unless an action was filed January 1, 2022 and December 31, 2022, or prior to that time period, the Partition of Real Property Act applies to all property held by tenants in common unless one of the above two exceptions applies, whether or not the property is “heirs” property. It does not, however, apply to property held by joint tenants.

The Partition of Real Property Act requires the Court to determine the “fair market value” of the property, subject to limited exception.  After the fair market value is determined, the parties/cotenants that did not request a partition by sale are allowed to buy out the interests  of those that did request a partition by sale. Subsequent to this buy-out process, if a party/ies duly completes the buy-out process, the Court will enter an order reapportioning the interests accordingly.

If no party elect to buy out the cotenants, the Court shall order Partition in Kind, unless Partition in Kind would result in great prejudice, in which case it shall order a Partition by Sale.

ANAND LAW is composed of attorneys, business/financial strategists, and real estate brokers.   We act as a court appointed Partition Referee throughout California, including in the cities and areas of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and throughout San Diego County.

The information on this site is provided for informational purposes only and does not constitute legal advice. The information contained is not intended to be a complete recitation of the law, and is provided only as general information in an area—it may not contain all nuances of the law, and is not guaranteed to be correct or complete.  ANAND LAW PC (“ALPC”) expressly disclaims all liability in respect to actions taken or not taken based on the information contained in the FAQ.

We invite you to contact us for more information by calling (619) 837-9001, or submitting our contact form here. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established by a signed legal services agreement. Unless and until you and ALPC formally establish an attorney-client relationship, ALPC does not represent you in any manner, and has no duty to you.  Further, any email or other correspondence sent prior to a formal relationship being established, and without request from ALPC, will not be privileged or confidential, and subject to disclosure to other parties. Please review our complete Terms of Use.