When five siblings inherit a house and three want to sell, the other two cannot stop the sale, whether one lives in the house or one is simply on the fence. Any one of the three can file a partition action, and every other sibling is named as a defendant without having to take a side.
A co-owner’s drug addiction cannot stop a partition action. California law gives the other co-owners tools to recover unpaid expenses, protect the property, and end the co-ownership.
Usually not. Living in the house does not give a co-owner control over it. In California, co-owners have equal rights to the property, and a partition action lets the other co-owner force a sale.
When a co-owner ignores you about selling jointly owned property, California law lets you force a resolution through a partition action.
A co-owner living in the property often has little reason to sell or buy you out, and may delay or ignore your requests. A California partition action can force a sale.
A co-owner’s mental illness can lead to refusals to sell, unpaid expenses, and breakdowns in communication. A California partition action protects the other co-owners and resolves the dispute fairly.
Incarceration does not take a co-owner off title, so an incarcerated co-owner can still block a sale or refinance. A California partition action can force a sale or a structured buyout.
When a relative moves into an inherited house, refuses to sell, and stops paying expenses, the other heirs are left covering the costs. A California partition action can force a sale.
A majority owner cannot stop a partition. Even a minority co-owner in California has the right to force a sale through a partition action.
A recession does not affect your right to partition, but it can affect when you should file. Home values, interest rates, and mortgage obligations all shape the best timing.
A co-owner who hoards can fill a property with clutter or hazards that cut its value. A California partition action can force a sale and address the cleanup.
In California, a co-owner who wants to sell property damaged by fire, flood, or earthquake generally cannot be forced to fund a rebuild. A partition action lets you sell, even when your co-owner wants to rebuild.
Litigation is about personalities as much as law. With about 98% of the partition actions we handle settling before trial, these co-owner personality types demand careful handling.
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Practical guides from attorneys who focus exclusively on California partition actions.
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