Inheriting a family home should be a blessing, not a battle. But when multiple heirs can’t agree on whether to sell or keep the property, disputes can quickly arise. One heir may want to sell, while another refuses, leading to conflict that can strain family relationships. Fortunately, California law provides a clear legal solution: a partition action.
At Talkov Law Partition Attorneys, we help heirs resolve disputes over inherited real estate. Whether you’re a sibling, cousin, or part of a group of heirs facing a contested property, our firm has the experience to guide you through the partition process. With over 430 partition actions handled, our attorneys have the expertise to navigate even the most complex cases and secure a fair resolution.
Inherited Property Disputes Among Family Members
After the death of a parent or other relative, heirs often find themselves in co-ownership situations they did not choose. Common disputes include:
- One sibling or heir wants to sell, while another refuses.
- One heir is living in the property rent-free and not compensating others.
- Disagreements over maintenance, taxes, and mortgage payments.
- Emotional attachments conflicting with financial realities.
- High-value property disputes.
- Commercial properties passed down from parents and grandparents.
Under California law, when co-owners cannot agree, any heir has the legal right to force the sale of the property through a partition action.
Your Legal Right to Partition an Inherited Property
Many heirs assume that co-ownership means they are stuck in the arrangement indefinitely. However, California law presumes that any co-owner has the absolute right to partition unless a legally binding written waiver exists.
The California Code of Civil Procedure § 872.210 provides that any co-owner can seek partition unless all heirs have agreed otherwise in writing. This means:
- If one heir wants to sell and others refuse, a partition action allows the court to force a sale.
- Heirs cannot be required to remain in co-ownership unless they have signed a legally enforceable waiver.
- Even if one heir has been living in the property for years, this does not eliminate another heir’s right to partition.
The Partition Process for Inherited Property
While a partition action is often necessary, skilled attorneys can sometimes resolve disputes through negotiation or mediation, saving time and costs. However, if an agreement cannot be reached, a partition action follows these steps:
- Filing a Partition Complaint – A lawsuit is filed in the Superior Court of the county where the property is located.
- Ownership and Financial Contributions Are Evaluated – The court reviews title records, contributions toward mortgage payments, taxes, and maintenance.
- Appointment of a Partition Referee – The court appoints a neutral partition referee to oversee the process.
- Sale or Buyout – The property is either sold on the open market or, if an heir wishes to keep it, a buyout at fair market value may be negotiated.
- Distribution of Proceeds – After the sale, the court ensures proceeds are divided fairly based on ownership percentages, including any credits for mortgage payments, taxes, or property improvements paid by one party.
Options for Heirs Who Want to Keep the Property
If one heir wants to keep the inherited home, they may be able to buy out the others through a process called partition by appraisal. This allows the heir who wishes to keep the property to purchase the shares of the other heirs at fair market value, which is typically determined through a court-appointed appraisal or an agreed-upon valuation.
At Talkov Law, we assist heirs in negotiating buyouts, securing financing options, and structuring settlements to avoid prolonged litigation.
Legal Arguments for and Against Partition
In partition cases, one heir may attempt to argue against selling the property, often relying on implied waivers, past agreements, or equitable considerations. While California law states that partition is available unless a written waiver exists, defendants sometimes believe there is a way to stop a partition. In reality, the following issues merely delay the partition:
- Whether an oral agreement among family members can prevent partition, which few, if any, courts will allow to be deemed a waiver.
- Whether long-term exclusive use of the property by one heir creates an equitable defense, often raising the outdated concept of the fairness of a partition.
- Whether financial contributions by one heir should be reimbursed before a sale is ordered, which merely allows for offsets after the property is sold by the court.
While these defenses are sometimes raised, courts almost universally deny these claims as lacking in evidence or entirely barred by California law. Because these legal issues can slow down a case, it is critical to have an experienced partition lawyer to overcome these delay tactics, thereby ensuring a prompt resolution.
Costs and Attorney’s Fees in a Partition Action
Partition actions can involve legal fees, court costs, and real estate expenses. However, in some cases, attorney’s fees may be recoverable if one party unreasonably refuses to cooperate.
At Talkov Law Partition Attorneys, we represent many heirs with payment only when the client prevails, meaning no amount is owed upfront. This ensures that heirs can access high-quality legal representation without immediate out-of-pocket costs.
Talkov Law: California’s Leading Partition Attorneys for Inherited Property
With extensive experience handling family inheritance disputes, Talkov Law is the leading partition law firm in California. Our partition lawyers provide:
- Aggressive Representation – We protect heirs’ rights to ensure a fair resolution.
- In-Depth Knowledge of Partition Law – We handle complex family property disputes involving multiple heirs, title issues, and reimbursement claims.
- Cost-Effective Legal Solutions – We offer flexible payment structures to ensure heirs can pursue their legal rights.
The partition attorneys at Talkov Law have successfully resolved hundreds of inherited property disputes across California. With a team of eight full-time partition lawyers, we are the state’s leading partition law firm, having handled over 430 partition actions.
If you’re facing a co-ownership conflict over an inherited home, we can help you navigate the legal process and secure a fair outcome. For a free consultation, call (844) 4-TALKOV or reach out online today
Frequently Asked Questions About Inherited Property
Do All Heirs Need To Agree To Sell Inherited Property?
No. If even one heir wants to sell the inherited home, they can file a partition action to force a sale through the court. The other heirs have the option to buy out their share, but they cannot prevent the sale unless there is a legally enforceable agreement preventing partition.
Can An Heir Living In The Inherited Home Block A Partition Action?
Generally, no. An heir who lives in the property does not have the legal right to prevent a partition action unless they can prove a valid legal defense, such as a written agreement that prohibits partition. However, the court may order them to compensate the other heirs for their share of the property’s rental value.
How Is The Sale Price Of The Inherited Property Determined In A Partition Action?
If the property is sold through a partition by sale, it is typically listed on the open market, and the highest offer determines its value. If an heir wants to buy out the others, the fair market value is usually determined by a court-appointed appraisal or an agreed-upon valuation.
Who Pays The Legal Fees In An Inherited Property Partition Action?
Legal fees, court costs, and real estate expenses are typically paid from the sale proceeds before the remaining funds are distributed among the heirs. In some cases, a court may order one party to cover legal costs if they acted unreasonably.
