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 Ventre v. Tiscornia, the California Court of Appeal held that a co-owner who pays for necessary improvements in good faith must be credited for them in a partition, even without the other owner’s consent.
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.
Sting v. Beckham upheld a partition by sale where a single water well supplied much of the property’s value, making physical division unfair to the owner who would receive land without it.
In Zaslow v. Kroenert, the California Supreme Court held that a co-owner who changes the locks and refuses entry commits an ouster, and the locked-out owner can recover their share of the rental value.
In Richmond v. Dofflemyer, a California court divided part of a family ranch in kind and sent the rest to a referee. See what it means for co-owners.
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.
A California court cannot order a partition by appraisal unless the co-owners agree to it. Cummings v. Dessel explains the written agreement rule, the public notice rule for sales, and what co-owners can do instead.
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.
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Practical guides from attorneys who focus exclusively on California partition actions.
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