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Johns v. Scobie: a woman holding a deed opens a wooden gate onto a fenced Southern California cattle ranch, with an old ranch house in the distance

Johns v. Scobie: Every Co-Owner May Occupy the Whole Property

In Johns v. Scobie, the California Supreme Court held that each co-owner has the right to occupy the whole property, and that a co-owner’s possession is presumed to be for everyone until the others get notice it has turned hostile.

Wood v. Henley: a man repairs a dirt road past a stone cabin in a rocky Ventura County canyon, with a survey stake in the foreground

Wood v. Henley: An Absent Co-Owner Keeps Her Share

In Wood v. Henley, the California Court of Appeal held that a co-owner’s family could not take an absent owner’s half interest in Ventura County land by living on it, improving it, and paying taxes, because possession by one co-owner is possession for all.

A gray-haired man holding a weathered deed stands at an old ranch gate in golden Contra Costa hills, looking up at a white farmhouse.

Adams v. Hopkins: Why Time Never Bars a Partition Between Co-Owners

In Adams v. Hopkins, the California Supreme Court held that the statute of limitations never bars a partition action between co-owners. Time matters only when a co-owner has already lost title to another through adverse possession.

An older man in a straw hat rests his hand on a chain-link fence post while his adult niece stands nearby with arms crossed beside a weedy vacant back lot

Preciado v. Wilde: A Co-Owner Cannot Take Title by Exclusive Possession Alone

In Preciado v. Wilde, the California Court of Appeal held that a co-owner cannot take a relative’s share by adverse possession through exclusive use alone. Between co-owners, the bar is higher than between strangers.

Desk calendar with a closing appointment, partition folder and photograph of a sold home.

How Long Does a Partition Action Take?

A partition action usually takes seven to nine months, depending on the circumstances and complexity of the case. Here are the factors that affect timing.

Partition referee distributes sale proceeds to two co-owners outside a sold home.

Partition Action in California: What It Is and How It Works

A partition action is a lawsuit in which a California court ends the co-ownership of real property by dividing it or ordering it sold and dividing the proceeds. A co-owner generally can force a sale without the other co-owners’ consent.

Is There a Statute of Limitations on a Partition Action?

No. Under Adams v. Hopkins, the statute of limitations never bars a partition action between co-owners, unless one owner has already lost title to the other through adverse possession.