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 partition actions are almost exclusively filed in California state courts, not federal court. This means the shutdown will have little to no impact on the vast majority of partition cases. Only in very rare circumstances — estimated at around 1% of cases filed in federal court — could there be any effect.
Partition Actions Are Handled in State Court
Partition cases are filed under California Code of Civil Procedure § 872.210, which grants co-owners the absolute right to partition real property. Because real estate disputes are a matter of state law, these cases are brought in California Superior Courts, not in federal court.
Even in those situations, federal courts generally follow state property law. A federal government shutdown may cause administrative delays in those very limited cases, but this is the exception, not the rule.
Will a Federal Shutdown Affect Mortgages for Buyouts?
Partition actions often involve one co-owner buying out another, which can require mortgage financing. Because the mortgage industry is closely tied to federal agencies, there is a reasonable concern that a government shutdown could stall financing.
Currently, there is no indication that a federal shutdown would prevent mortgages from being issued in the context of a partition buyout or property sale. While some government-backed programs (such as FHA or VA loans) may experience slower processing times during a shutdown, conventional financing remains available.
This means that co-owners should still be able to move forward with buyouts and sales despite federal disruptions.
Bottom Line: Partition Actions Continue as Usual
For the overwhelming majority of co-owners, the federal government shutdown has no effect on partition actions. Cases filed in California state court will proceed normally, and financing for property sales or buyouts remains widely accessible.
At Talkov Law, our partition attorneys monitor both legal and economic developments closely so our clients can make informed decisions.
If you’re involved in a co-ownership dispute, don’t wait for Washington politics to dictate your future. Call Talkov Law Partition Attorneys at (877) PARTITION (727-8484) today to protect your rights and move your case forward.
