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.
Yes, a California co-owner can sell their half of a jointly owned property without the other owner’s consent, but almost no one buys half a house at full value, so the way to cash out your share for what it is actually worth is a co-owner buyout or a partition action.
In Lazzarevich v. Lazzarevich, the California Supreme Court held that a joint tenant has a right to partition unless waived, and that an unpaid judgment owed to a co-owner cannot defeat that right.
Orien v. Lutz explains that reasonable attorney’s fees in a contested partition can benefit all co-owners and be allocated among them. A co-owner’s opposition does not defeat that common benefit; the court determines which fees qualify and how to apportion them equitably.
In LEG Investments v. Boxler, the California Court of Appeal held that a right of first refusal between co-owners does not waive partition. The co-owner who wants out must offer its share first; if the other owner declines, a partition sale can follow.
An interlocutory judgment of partition closes the first phase of a California partition case. You obtain it by proving your right to partition and each co-owner’s share, often by motion rather than trial.
When one co-owner’s family gives money toward the down payment, it can become a major dispute in a partition action. Here is how courts treat down payment gifts.
Heirs often disagree about inherited property, such as when one moves in and the others want to sell. If talks fail, a partition action may be the only way to get your share.
Tenancy in common is the most common and default form of co-ownership in California. Here is how it works and how it differs from joint tenancy.
A tenants in common agreement lets unrelated co-owners share one property, often divided into separate units. Long popular in San Francisco, these agreements are spreading to Los Angeles.
A 1976 case suggested fairness could limit partition, but the Legislature that same year made partition a matter of right unless validly waived. California courts have since rejected the fairness defense.
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.
Yes. If your family or another co-owner won’t sell the cabin or beach house, or will only offer a low buyout, a California partition action can end the co-ownership through a court-supervised sale or a buyout at a court-set value.
A contractual right of first refusal may require compliance before partition, but it is distinct from the statutory buyout under the Partition of Real Property Act.
Defendants often claim their co-owner waived the right to partition. In California, a valid waiver is extremely rare and requires specific circumstances.
A partition action is a court-ordered division of property. Here are common examples of co-ownership disputes that lead to a partition in California.
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 872.710 governs the right to partition in California, providing that partition of concurrent interests is a matter of right unless barred by a valid waiver.
Code of Civil Procedure section 872.610 provides that the interests of all parties, plaintiff and defendant alike, may be tried and decided in the partition action.
Code of Civil Procedure section 872.210 decides who can file a partition action. Any co-owner of real or personal property may sue for partition, but spouses cannot use it to divide community property.
Code of Civil Procedure section 872.720 requires the court in a partition action to enter an interlocutory judgment once it finds the plaintiff is entitled to partition. That judgment sets the ownership interests and the manner of partition.
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Practical guides from attorneys who focus exclusively on California partition actions.
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