When co-owners of real estate in California can no longer agree on what to do with a property, a partition action allows one or more owners to force the sale of jointly owned property through the court. Partition actions are common when siblings inherit property, unmarried couples buy homes together, or investors disagree about whether to sell or keep a property. Understanding how to file a partition action can help co-owners protect their rights and move forward when cooperation breaks down.
Talkov Law’s team of twelve full-time partition attorneys has extensive experience handling partition actions throughout California. If you are dealing with a co-owner dispute, call (877) PARTITION (727-8484) or contact us online to discuss your options.
What Is a Partition Action in California?
A partition action is a lawsuit filed by a co-owner of real property asking the court to divide or sell the property when the co-owners cannot agree on what to do with it. California law recognizes the absolute right of a co-owner to seek partition in most circumstances. (See Code of Civil Procedure § 872.710.)
The court can resolve the dispute in several ways, including:
• Partition by sale, where the property is sold and the proceeds are divided among the owners
• Partition in kind, where the property is physically divided between the owners
• Partition by appraisal or buyout in limited circumstances
In many residential disputes, courts order a partition by sale because physically dividing a single home is usually impractical.
Steps for Filing a Partition Action in California
Step 1: Confirm Ownership of the Property
Before filing a partition action, it is important to confirm that the parties involved are legal co-owners of the property. This typically requires reviewing the deed recorded with the county recorder.
Common ownership structures involved in partition actions include:
• Tenancy in common
• Joint tenancy
• Ownership through certain trusts or entities
Any co-owner generally has the right to file a partition action regardless of their ownership percentage.
Step 2: Attempt to Resolve the Dispute Informally
Although not legally required, many co-owners first attempt to resolve the dispute outside of court. This may include negotiating a buyout, agreeing to sell the property voluntarily, or working out an arrangement regarding use of the property.
However, when co-owners refuse to cooperate, filing a partition action may be the only way to move the matter forward.
Step 3: File a Partition Complaint in the Superior Court
To begin the lawsuit, the plaintiff must file a complaint for partition in the California Superior Court located in the county where the property is situated. (Code Civ. Proc. § 872.010.)
The complaint typically includes:
• Identification of the property
• The ownership interests of each co-owner
• A request for partition by sale or partition in kind
• A request for an accounting of expenses or contributions, if applicable
The plaintiff must also name all other co-owners and any parties with recorded interests in the property, such as lenders.
Step 4: Serve All Parties With the Lawsuit
After the complaint is filed, all defendants must be formally served with the lawsuit according to California service rules. This gives each party notice of the action and an opportunity to respond.
Defendants typically have 30 days to file a response once they are served.
Step 5: The Court Determines Whether Partition Is Appropriate
If the court determines that the plaintiff has a right to partition, it will issue an interlocutory judgment. This order confirms the ownership interests and directs how the partition will proceed. (Code Civ. Proc. § 872.720)
At this stage, the court will determine whether the property should be:
• Sold
• Physically divided
• Subject to another equitable resolution
Step 6: Sale or Division of the Property
If the court orders a partition by sale, the property is typically sold under the supervision of the court, often with the assistance of a real estate broker or referee appointed by the court.
After the property is sold, the court distributes the proceeds to the co-owners according to their ownership interests, while also adjusting for expenses such as mortgage payments, taxes, repairs, or improvements.
Step 7: Distribution of Proceeds and Case Resolution
Once the sale is completed and financial adjustments are made, the court will issue a final judgment distributing the proceeds. At that point, the co-ownership dispute is resolved and the case is closed.
Can You File a Partition Action Without a Lawyer?
While California law allows a co-owner to file a partition action without an attorney, these cases often involve complicated procedural requirements, accounting issues, and disputes over ownership interests. As a result, many property owners choose to work with experienced partition attorneys to navigate the process.
Partition actions can be complex, especially when co-owners dispute ownership interests, financial contributions, or whether the property should be sold. Talkov Law’s team of twelve full-time partition attorneys focuses exclusively on partition actions throughout California. To discuss your case, call (877) PARTITION (727-8484) or contact us online today.
