Yes. In California, you can file a partition action to force the sale of jointly owned investment property, even if the other co-owner does not agree.
When co-owners of an investment property disagree on whether to sell, refinance, or manage the property, the situation can quickly become frustrating and financially draining.
Fortunately, California law provides a clear solution through a partition action, which allows you to exit the investment and recover your share.
Partitioning an Investment Property in California
Under California Code of Civil Procedure § 872.210, any co-owner of real property has the absolute right to file a partition action. This applies equally to investment properties, including rental homes, multi-family units, and commercial real estate.
In most cases, the court will order a partition by sale, meaning:
- The property is sold
- The proceeds are divided among the co-owners
- Adjustments are made based on each party’s financial contributions
This is especially common with investment properties, where physical division is impractical and selling the property is the most efficient outcome.
Partition Disputes Between Investment Property Co-Owners
Investment properties often involve ongoing financial obligations and expectations of profit, which can lead to disputes such as:
- One co-owner wants to sell, while the other wants to hold
- Disagreements over rental income or reinvestment
- Unequal contributions to mortgage, repairs, or improvements
- One co-owner mismanaging the property
These disputes rarely resolve on their own. A partition action allows the court to step in, force a resolution, and ensure each co-owner receives their fair share.
Recovering Contributions to Investment Property in a Partition Action
One of the key advantages of a partition action is the ability to account for unequal financial contributions.
Courts may consider:
- Mortgage payments
- Property taxes
- Insurance
- Repairs and improvements
- Rental income collected
Under California Code of Civil Procedure § 874.140, the court can allocate costs and credits among the co-owners based on what is equitable. This means a co-owner who paid more than their share may recover those contributions from the sale proceeds.
Why Partition Is Often the Best Option for Investment Properties
Unlike a primary residence, an investment property is typically held for financial gain. When co-owners are no longer aligned, continuing to co-own the property can lead to lost income, mounting expenses, and ongoing conflict.
A partition action provides a clean exit by:
- Forcing a sale of the property
- Ending the co-ownership relationship
- Ensuring a fair distribution of proceeds
For many co-owners, it is the most effective way to protect their investment and move forward.
Partition Actions for Investment Properties with Talkov Law
If you co-own an investment property and your partner refuses to cooperate, you do not have to remain stuck in a bad investment.
Talkov Law has twelve full-time partition attorneys who have handled 575 partition actions throughout California, helping clients force sales, recover contributions, and resolve co-ownership disputes efficiently.
Call (877) PARTITION (727-8484) or contact us online to speak with an experienced California partition attorney today.
