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What Is a Partition Referee? What is a Receiver?

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  A partition referee is an independent third party that may be appointed by a court when jointly owned real estate, also known as co-owned property, is partitioned, or divided up. Partition refers to the legal process where real estate that is owned by two or more people as joint tenants or tenants in common is divided into separate portions or sold, with the proceeds distributed among the co-owners. Who is a Partition Referee? When a partition lawsuit is filed by one of the co-owners to divide or sell the property, often the co-owners cannot agree on how to divide the property evenly or fairly. In this case, the court has the power to appoint a referee, who is often a real estate professional or lawyer, to oversee and handle details of the partition process. The key responsibilities of a partition referee may include:     Inspecting the property and investigating title/ownership issues     Determining if the property can be physically partitioned ...

What Does a Partition Referee Do?

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A partition referee is an independent third party appointed by a court to oversee the partition of real property that is co-owned by two or more people. Partition refers to the legal process of dividing up commonly owned land or property. Main Role of a Partition Referee The role of the partition referee is to ensure an impartial and equitable division or sale of the co-owned property. The specific duties of a partition referee may include:   Reviewing legal documentation about the property such as deeds, titles, surveys, appraisals, encumbrances like mortgages, and any other relevant records. Physically inspecting the property and documenting its condition, features, and value. This may involve walking the land, taking measurements, photographing structures and landmarks, interviewing neighbors, assessing market conditions in the area, etc. Determining if the property can be equitably partitioned or divided based on considerations like acreage, access rights, existing structures, ...