Yes. A trust on title usually does not stop a California partition action: you sue the trustee who holds a co-owner’s share. When one active trust owns the whole property, beneficiaries usually start in probate court instead.
Code of Civil Procedure section 874.312 defines the terms used throughout California’s Partition of Real Property Act.
Yes. Many people believe the Uniform Partition of Heirs Property Act prevents a sale, but it doesn’t. It adds buyout rights, and the property can still be sold.
Code of Civil Procedure section 872.530 explains how to file a partition action against a co-owner who has died, and what happens when a defendant dies during the case.
When siblings inherit a house and one moves in, the others often want them out. You can’t evict a co-owning sibling, but a partition action can force a sale.
When a sibling or other heir lives in an inherited house and won’t sell, the other heirs can force a sale through a partition action.
Code of Civil Procedure section 872.840 explains how property subject to an express trust can be divided or sold in a partition, and the trustee’s duties.
Severing a joint tenancy changes what happens to your share when you die. Here is what severance means, why it matters, and how a co-owner can do it.
A spouse can’t give away more than half of the community estate, whether during life or at death through a will or trust.
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Practical guides from attorneys who focus exclusively on California partition actions.
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