In Heber v. Yaeger, the California Court of Appeal reversed a judgment denying partition of a citrus ranch, holding that agreements about who operates co-owned property and who gets the income do not waive the right to partition unless they clearly show that intent.
In Bacon v. Wahrhaftig, the California Court of Appeal revived a Kern County oil-land partition, holding that fraud, damages and accounting claims against co-owners are part of one partition case, and that the court can decide every issue needed to do complete justice.
In De Uprey v. De Uprey, the California Supreme Court affirmed the sale of a co-owned San Francisco lot despite five demurrers, holding that a partition complaint need not say how the property should be divided and that ownership disputes are decided inside the partition.
In Priddel v. Shankie, the California Court of Appeal held that a co-owner’s right to partition is absolute and that another co-owner’s homestead on their own share cannot stop a court-ordered sale.
Being stuck on a mortgage with an uncooperative co-owner is hard. Here are the ways to separate yourself from the loan, including a refinance, a buyout, or a partition action.
A California partition action can resolve ownership, title disputes, reimbursements, rent, liens, fees, and the sale. Learn its scope, limits, and how the accounting affects your payout.
Yes. Any co-owner in California can force a partition, even with a 1% share and even when the majority owner refuses to sell. No majority vote is needed, because the right to partition is absolute.
Code of Civil Procedure section 872.540 lets a partition plaintiff leave out certain oil and gas interest holders when the property is subject to an oil or gas lease or pooling arrangement.
When a co-owner refuses to sell, a California Realtor’s best move is to bring in a partition attorney early. Here are the agent’s options and how the referring agent can stay the listing agent through a settlement, a referee’s sale, or a court-appointed broker.
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.
How a co-owner who wants out wins a partition action in California: force the sale or a buyout, answer the defenses your co-owner will raise, maximize your offsets, and build your record from day one.
Under Code of Civil Procedure section 872.210, any co-owner can force the sale of co-owned property. The right to partition is so strong that courts call it absolute.
Code of Civil Procedure section 872.140 lets the court in every partition action order an accounting, contribution, and other compensatory adjustments between co-owners according to equity.
Co-owners of real estate in California have an absolute legal right to partition the property, thereby causing the property to be sold and the proceeds distributed.
A partition action complaint describes the co-owned property, names every owner and lienholder, and asks the court to sell or divide it; here is a free California form with the CCP 872.230 checklist.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
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