Procedures in Partition

Family Code § 2108 – Is a Partition Action the Better Option?

Co-ownership with a divorcing couples presents a challenge to force the sale of a property when a co-owner wants out due to the high burden of Family Code § 2108. This is where a partition action often becomes the more powerful legal tool. What Does Family Code Section 2108 Do? California Family Code Section 2108 … Read More

Amundson v. Catello (2025) – Can Heirs Force a Partition Sale?

The recent decision in Amundson et al. v. Catello (2025) 111 Cal.App.5th 817 serves as an important reminder that not everyone who expects to own property has the legal right to bring a partition action. Background of the Case In Amundson, siblings of a decedent sought to partition real property that was still subject to … Read More

How To File a Partition Action in California

When co-owners of real estate in California can no longer agree on what to do with a property, a partition action allows one or more owners to force the sale of jointly owned property through the court. Partition actions are common when siblings inherit property, unmarried couples buy homes together, or investors disagree about whether … Read More

How Does a Partition Referee Sell Property in California?

When co-owners of real estate cannot agree on what to do with the property, a court may order a partition by sale to ensure each owner receives their fair share. The person responsible for carrying out that sale is the partition referee, a neutral professional appointed by the court to handle everything from hiring a … Read More

Probate Code § 11950 – Two or More Beneficiaries Entitled to Undivided Interests; Petition for Partition, Allotment or Other Division (Probate Actions)

California Probate Code § 11950 is the California probate statute that allows two or more beneficiaries who are entitled to undivided interests in estate property to petition the court for a partition, allotment, or other division of that property. This statute ensures that co-beneficiaries can equitably divide estate property subject to administration and avoid the … Read More

Probate Code § 11953 – Division Proportionate to Party’s Interest; Sale Instead of Division; Agreement to Accept Undivided Interest (Probate Actions)

California Probate Code § 11953 is the California probate statute that governs how property should be divided among multiple beneficiaries who hold undivided interests in estate property, i.e., co-ownership. This section ensures that each beneficiary receives a portion of property equal in value to their share of the estate and allows for a sale when … Read More

Does the Federal Government Shutdown Impact Partition Actions

Does the Federal Government Shutdown Impact Partition Actions?

With the federal government shutting down from time to time, many property owners are asking whether this will affect partition actions in California. Partition is the legal process that allows a co-owner to force the sale or division of real estate, so it’s understandable to worry about possible court delays. The good news is that … Read More

Partition Action Timeline: What to Expect from Start to Finish

As California’s first, most popular, and fastest partition law firm, we are often asked how long a partition will take. Talkov Law generally completes partitions in an average of just 7 months to obtain a settlement or judgment of partition, which is followed by a sale or refinance- all without a trial. Other firms lacking … Read More

Is Waiver a Defense Under the Partition of Real Property Act?

The enactment of the Partition of Real Property Act has introduced an interesting legal question regarding whether a waiver of partition may be implied when tenants in common are subject to the Act. This issue is particularly relevant given that partition rights are generally considered absolute unless expressly waived by an enforceable agreement. The Partition … Read More

How Are Proceeds Divided After a Partition Sale?

When co-owners of real estate can no longer agree on how to manage, use, or sell a property, a partition action becomes the legal solution to resolve the dispute. One of the most common outcomes of a partition action is a partition by sale, where the property is sold, and the proceeds are divided among … Read More

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Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300

Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800

San Jose Partition Attorneys
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San Jose, CA 95113
Phone: (408) 777-6800

San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300

San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300

Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300

Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300

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