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 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.
In De Roulet v. Mitchel, the California Court of Appeal held that a co-owner cannot block or delay a partition sale because the property has a profitable lease or its value is expected to rise.
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.
Butte Creek Island Ranch v. Crim explains the evidence supporting partition by sale: an inability to divide the property fairly or a material loss in value from division.
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.
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.
A partition lawyer represents co-owners of California property who can’t agree on whether to keep, sell, or buy out the property. The main tool is a partition action asking the court to order a sale or division.
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.
A co-owner can be removed from a California house title by a deed with their agreement, or without it through a partition action. Quiet title is available only in narrow cases.
Some co-owners agree to a sale or buyout once they understand the alternative. This free template letter warns your co-owner that a partition action is coming.
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.
Yes, you can get a sibling living rent-free out of an inherited California house: a partition action forces the sale, and the referee can remove anyone living there.
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.
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.
Co-owners often disagree about whether to sell the property or divide it. Here is how California courts decide between partition by sale and partition in kind.
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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