Inheritence Partitions Archives

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

Right of Survivorship in California: How It Affects Co-Ownership and Partition Actions

The right of survivorship determines whether property skips probate—or sparks a legal dispute. In California, this powerful legal principle allows a surviving co-owner to automatically inherit the deceased owner’s share of real estate—but only if title is held in a very specific way. When survivorship rights are not clearly stated in the deed, the property … Read More

Multi-Property Partitions: Should I Leave One Property Out of the Partition?

Multi-property partitions can become one of the most complicated real estate disputes co-owners face. When co-owners purchase or when families inherit multiple properties together, it doesn’t take long before disagreements arise. Some co-owners want to sell everything, while others insist on keeping certain properties in the family. This raises an important question: Should all properties … Read More

Selling Inherited Property: Do All Heirs Have to Agree?

Can you sell inherited property if the other heirs say no? Yes—you can. That answer surprises many California heirs. When multiple heirs inherit real estate in California, it’s not uncommon for disagreements to arise—especially when one heir wants to sell the property but others do not. Many co-owners assume that all heirs must unanimously agree … Read More

Forcing the Sale after the Death of a Co-Owner Without Probate

Californians with a deceased co-owner can force the sale of the property without going through probate by filing a partition action. In California, the court can proceed with the partition by joining the deceased co-owner’s representative or successor, or simply their estate if their is no representative. This ensures that the property can be sold … Read More

Selling Inherited Co-Owned Property to Move Out of California

For those who inherit co-owned homes in California, the decision to keep or sell the property is increasingly influenced by the financial benefits of relocating to less expensive areas. In the past few years, Californians have been relocating to states where their money stretches further, thereby improving the quality of life. This article delves into … Read More

I Inherited a House with a Mortgage. Can the Lender Make me Refinance?

Due on Sale Clause Inapplicable Based on Death No. If you inherit a property, or a fractional interest in real estate, there is generally no need to contact the lender to negotiate or otherwise ask for approval to keep paying the loan each month. The commonly believed issue is that the transfer to heirs of … Read More

Do I Have to Sue my Family Member with Partition Action to Obtain my Share of the Inherited Property

Do I Have to Sue my Family Member to Obtain my Share of the Inherited Property?

It is common for family dynamics to be strained after inheriting real estate because many co-owners are unable to agree on how to manage the property. A co-owner may want to move into the property despite only inheriting 50% and the other co-owners, each holding 25% may want to sell the property and take the … Read More

Uniform Partition of Heirs Property Act Definitions CCP 874.312

Uniform Partition of Heirs Property Act in California (2022)

The Uniform Partition of Heirs Property Act (UPHPA) was a law that was enacted January 1, 2022. It was originally introduced into California’s legislature as Assembly Bill No. 633 and was signed by Governor Gavin Newsom signed in July 2021. The UPHPA provided defendants in a partition action added opportunities to buy out their co-owners. … Read More

Multi-Property Partitions: Should I Leave One Property Out of the Partition?

Selling Inherited Co-Owned Property to Move Out of California

I Inherited a House with a Mortgage. Can the Lender Make me Refinance?

Do I Have to Sue my Family Member to Obtain my Share of the Inherited Property?

Uniform Partition of Heirs Property Act in California (2022)

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