Filing for Partition

My Co-owner Filed a Partition Action Against Me – What Now?

Facing a partition action from a co-owner can be stressful and confusing. It usually means there’s a disagreement on how to handle or sell a property you both own. Partition actions spring from a myriad of situations, reflecting the diverse and complex relationships property co-owners can have. Whether it’s a disagreement among heirs, a dispute … Read More

Title Insurance in a Partition Action

Title Insurance in a Partition Action

Whether your property is subject to a partition action or you are transferring ownership through a public sale, a clear and marketable title is essential for a smooth transfer of ownership. Real estate litigation often arises from disputes over property titles, highlighting the importance of a comprehensive title insurance policy. Property buyers and lenders alike … Read More

Why Do Courts Allow Partition Actions California Lawyer Attorney Law Firm

Why Do Courts Allow Partition Actions?

Courts allow partition actions in California as a legal remedy to resolve co-ownership disputes. In a partition action, the co-owned property is either divided or sold with each co-owner receiving their equitable interest. Some co-owners wonder if a judge can really force the sale of a property they have lived in for years. Further, some … Read More

Ariana Madix vs. Tom Sandoval – Partition Lawyer Analysis

On Janaury 5, 2024, news broke that reality star Ariana Madix had filed a complaint for partition by sale against long-term (ex) boyfriend Tom Sandoval. The Vanderpump Rules couple owns a Los Angeles house together, but split in 2023 when it was revealed that Tom had been having an affair with their castmate Raquel Leviss. … Read More

Should I Tell My Co-owner That I Am Suing Them for Partition?

Generally, no, it is not best to informally notify your co-owner that you have hired an attorney to file a lawsuit for partition of the co-owned real property. The general reason that co-owners ask if they should inform their co-owners that they are filing for partition is some perceived moral obligation to provide informal notice … Read More

What is the Scope of a Partition Action?

The leading treatise on California real estate law, Miller & Starr, explains that: “All conflicting claims existing between the parties and arising out of their relationship as cotenants can be adjudicated in the partition action.” Miller & Starr, 4 Cal. Real Est. (4th ed.) § 11:18. California Jurisprudence provides that: “In a suit for partition, … Read More

Partition Action Checklist

Partition Action Eligibility Checklist

There are countless reasons that a co-ownership relationship may be coming to end. Perhaps a romantic relationship between co-owners has ended, but both parties are still on title. Maybe siblings have inherited a family home but one wants to stay on the property and the other wants their share of their inheritance. Or maybe years … Read More

Probate Code 9823 – Partition Actions (Personal Representatives)

California Probate Code § 9823 is the California partition statute that addresses the relation between partition actions and probate matters. The statute provides that: (a) If the decedent leaves an undivided interest in any property, an action for partition of the property may be brought against the personal representative. (b) The personal representative may bring … Read More

How Much Equity Do I Need to Have in my Home to File a Partition Action

How Much Equity Do I Need to Have in My Home to File a Partition Action?

Any co-owner of real property in California can file a partition action, regardless of the size of their ownership interest. Put simply, if someone owns a mere 1% of a property, they can file a partition complaint. This is because the right to partition in California is absolute.  One court explained that “if the party … Read More

Partition Action Forms [California Template Sample Example]

Each partition action presents unique challenges. However, all partition actions start with a complaint for partition, sometimes known as a petition to partition property, which is usually a partition by sale. We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. As the … Read More

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