Strategies in Partition

What is a Default Judgment in a Partition Action?

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

Can I Partition an Investment Property?

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

The Los Angeles Mansion Tax Fractional Interest Loophole

Los Angeles’ controversial β€œmansion tax,” officially known as Measure ULA, has created substantial confusion for co-owners, buyers of a fractional interest, investors, and parties involved in partition actions. One recurring question is whether the tax applies when only a fractional interest in real property is transferred rather than the entire property. The answer is: generally, … Read More

What Is the Partition of Real Property?

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

Abandoned Property Partition Action: What to Do When a Co-Owner Walks Away

A co-owner who abandons a property in California does not lose their ownership rights, but their absence often creates financial strain that can be resolved through a partition action.  When one co-owner stops contributing, the remaining co-owner is often left covering the mortgage and upkeep alone. This situation is common among unmarried couples, family members, … Read More

Can You Force a Co-Owner to Buy Your Share?

When co-owners of real estate decide to go their separate ways, a buyout is often the first solution discussed. One party keeps the property and pays the other for their share. However, this only works if the co-owner has the financial ability and is willing to follow through. When the buyout does not happen, many … 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

Sibling Rivalries and Co-Ownership Partition Actions: When Family Heirlooms Become Legal Disputes

When siblings inherit a house together, the property is often more than a set of walls and a roof. It is the last place everyone remembers Mom cooking holidays, the hallway where Dad used to stand telling stories, and the backyard where the older brother taught the younger brother how to throw a ball. But … Read More

When a Co-Owner in Possession Refuses to Cooperate in California

One of the most common reasons a co-owner refuses to cooperate with a sale is simple: they are already getting what they want. If your co-owner is living in the property, they may have little incentive to sell or buy you out. In fact, they may actively delay, obstruct, or ignore your requests in hopes … Read More

What If the Co-Owner of My House is in Prison?

Owning a house with someone is hard enough when you can talk, negotiate, and sign paperwork together. But when the co-owner is incarcerated, normal solutions often grind to a haltβ€”refinancing stalls, sale decisions get vetoed, and even basic issues like repairs and improvements or rental management turn into disputes. In California, incarceration does not erase … Read More

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