California Partition Attorney Blog

Can You Force the Sale of Luxury Properties in California?

Yes, you can force the sale of a multi-million dollar property in California, and a partition action is the legal tool that makes it happen. A high price tag does not give any co-owner special power to block a sale. The law treats a luxury estate the same as an average home. If you co-own … Read More

My Co-Owner is Not Paying the Insurance

When a co-owner refuses to pay their share of homeowner’s insurance premiums, a partition action gives the paying co-owner the legal power to end the co-ownership and recover what they’ve been forced to overpay. Co-owners, most commonly tenants in common, share responsibility for property expenses proportionate to their ownership interest. Homeowner’s insurance is not optional: … Read More

Can You File a Partition Action if the Co-Owner Cannot Be Reached

When a co-owner goes missing, a partition action is the most effective way to force the sale of the shared property. California’s partition statutes provide a clear process for serving a missing co-owner and moving the case forward. This comes up more than people expect: in inherited property disputes where a sibling disappears, in tenancy … Read More

What Happens if One Co-owner Wants to Live in the Property?

When one co-owner wants to live in a property and the other does not, a partition action is the ultimate legal solution to resolve disputes over possession, expenses, and fairness. In California, uncooperative co-owners generally have equal rights to occupy the entire property, but that doesn’t mean one can live there without consequences. Equal Right … Read More

What is a Default Judgment in a Partition Action?

A default partition judgment allows the court to order the sale of the property without the absent co-owner’s involvement. When a co-owner files a partition action and the other party refuses to respond, the case moves forward. Co-owners have an absolute right to partition under California law. Whether the other party engages or not, the … Read More

Can I Partition an Investment Property?

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 … Read More

The Los Angeles Mansion Tax Fractional Interest Loophole

Los Angeles’ controversial “mansion tax,” officially known as Measure ULA, has created substantial confusion for co-owners, buyers of a fractional interest, investors, and parties involved in partition actions. One recurring question is whether the tax applies when only a fractional interest in real property is transferred rather than the entire property. The answer is: generally, … Read More

What Is the Partition of Real Property?

A partition of real property in California is a legal process that allows co-owners to force the sale when they cannot agree. Disagreements over whether to sell, how to use the property, or how to split expenses can quickly turn into serious conflicts. When co-owners reach a deadlock, a partition action is the ultimate legal … Read More

Abandoned Property Partition Action: What to Do When a Co-Owner Walks Away

A co-owner who abandons a property in California does not lose their ownership rights, but their absence often creates financial strain that can be resolved through a partition action.  When one co-owner stops contributing, the remaining co-owner is often left covering the mortgage and upkeep alone. This situation is common among unmarried couples, family members, … Read More

Can You Force a Co-Owner to Buy Your Share?

When co-owners of real estate decide to go their separate ways, a buyout is often the first solution discussed. One party keeps the property and pays the other for their share. However, this only works if the co-owner has the financial ability and is willing to follow through. When the buyout does not happen, many … Read More

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