When a co-owner goes missing, a partition action is the most effective way to force the sale of the shared property. California’s partition statutes provide a clear process for serving a missing co-owner and moving the case forward. This comes up more than people expect: in inherited property disputes where a sibling disappears, in tenancy … Read More
A default partition judgment allows the court to order the sale of the property without the absent co-owner’s involvement. When a co-owner files a partition action and the other party refuses to respond, the case moves forward. Co-owners have an absolute right to partition under California law. Whether the other party engages or not, the … Read More
Yes. In California, you can file a partition action to force the sale of jointly owned investment property, even if the other co-owner does not agree. When co-owners of an investment property disagree on whether to sell, refinance, or manage the property, the situation can quickly become frustrating and financially draining. Fortunately, California law provides … Read More
A partition of real property in California is a legal process that allows co-owners to force the sale when they cannot agree. Disagreements over whether to sell, how to use the property, or how to split expenses can quickly turn into serious conflicts. When co-owners reach a deadlock, a partition action is the ultimate legal … Read More
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
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
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
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
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
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
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