A referee is a neutral third party appointed by the court to oversee the partition action and ensure that it is carried out fairly. In the context of real estate, the referee's duties may include determining the value of the property, overseeing the sale of the property, and distributing the proceeds among the co-owners.
The referee may also be responsible for resolving any disputes that arise during the partition action, such as disagreements over the value of the property or the distribution of proceeds. In some cases, the referee may need to hire appraisers or other experts to assist with these tasks.
Overall, the partition action and the role of the referee can be complex and involve a lot of legal and financial considerations. However, with the right guidance and expertise, it is possible to navigate this process successfully and ensure that all parties involved are treated fairly.
The above was my first attempt using ChatGPT. Pretty dry stuff!
I mention partition sales as I specialize in them. I'm currently working on 3 partition sales right now. It's when there are muliple owners of a property and one forces the sale. These situations usually include unmarried couples that break up or siblings that inherit a property and one doesn't want to sell. It's usually the one living in the property at no cost. If you own any percentage of a property in California, you can force the sale. The other party will have first right of refusal to buy you out, but most often that isn't an option for the opposing party.
An attorney is usually involved in these situations and they seek an interlocutory judgment. From this point a real estate broker is recommended to the court to be the referee. I say that openly as the referee doesn't need to be the real estate brokerage that is going to list and sell the house; however, that's been the case for every partition that I've done.
Once I'm assigned as referee to a property, I become an officer of the court. I need to take control of the property and have authority to sign on behalf of the owners at title. Of course it's my duty to get the most money I can for the property and oversee the disbursement.
Most of the partition action files I've been involved in are in Sacramento County. I have done several in Placer county. The location has no effect on the process. Every partition has it's own challenges. For example, I had one last year where I ended up having to sell the property for cash, and never had a chance to see the property. The cash buyer didn't either! The sheriff's department decided not uphold the eviction and didn't want to evict an owner from their house. At the end of the day, it cost him and his sister around 100K. I would have been able to sell the property for much more had there been adherence to the court order and some cooperation.
Partition sales are a small portion of my business here selling houses in Roseville. It's a small niche market that most agents don't even know about.
