Court Bonds

What are California Partition Actions?

02/19/2019

Sometimes when multiple people own a single piece of real property in California, usually in the form of land or buildings, there may be disputes regarding said property. Whether this dispute is over use or share of the property or something else, the co-owners may try mediation or negotiation to resolve their issues. But if that doesn’t work, filing a partition action may be the only option left.

The goal of a partition action, as the name implies, is to have the joint interest in the co-owned property partitioned. When a partition action is filed, an initial trial is conducted to determine whether the plaintiff in the partition action has a right to partition the property. If the court determines that there is a right to partition, the court enters an interlocutory judgment for partition.

The interlocutory judgment determines the parties’ respective interests in the property and determines how it will be partitioned. The court has the authority to either divide the property between owners if possible or order its sale.

The court appoints a partition referee to actually handle the act of partition. Appointment of three referees is possible with the parties’ consent, but one single referee is far more common. There are no qualifications required for a referee, but a clerk or deputy of the court, a former or present partner or employee of the judge of the action, a relative within the third degree of the judge or judge’s spouse, or owner of the property being partitioned cannot serve as the partition referee.

Learn more about a California partition action.

The partition referee may be required by the court in California to purchase a Referee Surety Bond to secure the referee’s obligations as required by the applicable state law. The amount of the referee bond may be set by the court, and is generally based on the value of the assets in dispute.

Where can you most easily purchase a Referee Surety Bond?

Colonial Surety offers the direct and digital way to obtain referee surety bonds. We are the insurance company — which means no agent, no broker, and no middleman. We make it easy to obtain your court and fiduciary bond instantly. The steps are easy — get a quote online, fill out your information, satisfy underwriting requirements, and enter your payment method. Print or e-file your bond from your office. It’s that simple!