When a co-owner refuses to communicate about selling jointly owned property, California law allows you to force a resolution through a partition action. For the co-owner seeking a resolution, this lack of response can feel like being trapped in a situation with no clear path forward.
Why Co-Owners Refuse to Communicate
It is common for co-owners to avoid communication when there is a disagreement about whether to sell the property. In many cases, one co-owner may believe that ignoring the situation will delay or prevent a sale altogether.
This “silent treatment” can leave the co-owner who wants to sell feeling stuck, especially when mortgage payments, maintenance, or property taxes continue to accrue. However, your co-owner refusing to communicate does not stop your legal rights as a co-owner.
Sending a Formal Letter Before Filing a Partition Action
Before filing a lawsuit, one effective step is to have a partition attorney send a formal letter warning of a partition action on your behalf. This approach signals that the situation is serious and that legal action may follow if the issue is not resolved.
A letter from an attorney can:
- Show that you are prepared to take legal action
- Clearly explain your absolute right to partition under California law
- Outline the financial and legal consequences of continued inaction
- Provide an opportunity to resolve the dispute without litigation
In many cases, this step alone is enough to prompt a response from an otherwise unresponsive co-owner.
Filing a Partition Action in California
If your co-owner continues to refuse communication, filing a partition action may be the most effective solution.
California law is clear that co-owners have a right to force the division or sale of property.
California Code of Civil Procedure § 872.710(b) states that partition of real property “shall be as of right unless barred by a valid waiver.”
This means that even if your co-owner ignores you entirely, the court can step in to resolve the dispute. In most cases, this results in a partition by sale, where the property is sold and the proceeds are divided among the co-owners.
What Happens If Your Co-Owner Ignores the Lawsuit?
Ignoring or delaying a partition lawsuit does not stop the case. In fact, it can significantly harm the unresponsive co-owner.
If a co-owner fails to respond after being served with a partition complaint, the court may enter a default partition judgment. A default judgment occurs when a defendant fails to appear in the action, which can result in the court granting the relief requested.
Once a default is entered, the non-responding co-owner may lose the ability to participate in the case, and the court can proceed toward ordering the sale of the property by way of a partition referee.
Take Action to Resolve a Co-Ownership Dispute
A co-owner’s refusal to communicate can be frustrating, but it does not prevent you from moving forward. California law provides a clear path to resolution through a partition action, even when the other party refuses to engage.
Talkov Law has twelve full-time partition attorneys and has handled 575 partition actions throughout California. Call (877) PARTITION (727-8484) or contact us online to get help resolving your co-ownership dispute.
