Partition of Personal Property

Personal Property in a Partition Action

A partition action in California can certainly force the sale of jointly owned real property, but can it partition personal property, such as cars or artwork? This is a common question we are asked given our experience as California partition lawyers. Indeed, California law does allow for the partition of personal property in a partition action.

The scope of the partition statutes in California sets forth that: “This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property.” Cal. Civ. Proc. Code § 872.020.

In fact, another section sets forth that: “The complaint shall set forth: (a) description of the property that is the subject of the action. In the case of tangible personal property, the description shall include its usual location.” Cal. Civ. Proc. Code § 872.230(a).

As one court explained: “When several persons are co-owners of real or personal property any one or more of the co-owners may file an action for partition. It then becomes the duty of the court to partition the same and if this cannot be done without great prejudice to such owners, it is the duty of the court to cause the property to be sold and to partition the proceeds among them according to their respective interests.” Rutledge v. Rutledge, 119 Cal. App. 2d 114, 118–19  (Cal. App. 1953) (citing former California Code of Civil Procedure sections 752, 752a).

In Bolan v. Gallagher, 52 Cal. App. 503, 504–05 (Cal. App. 1921), a defendant:

claimed here that the court erred in overruling the demurrer. The action was brought to secure a decree for the partition of real and personal property. Sections 752 and 752a (added by St. 1919, p. 73) Code of Civil Procedure, provide for such relief and the latter section provides that ‘real and personal property may be partitioned in the same action.’ Appellants particularly insist that their demurrer should have been sustained because the alleged causes of action were not separately stated. It is true that the property sought to be partitioned, both real and personal, was described in the single cause of action alleged in the complaint.

Ultimately, the Bolan court affirmed that the demurrer was properly overruled.

While personal property can be partitioned, it is usually only wise to do so in connection with a partition of real property since the legal fees may be very similar to a partition of real property, but personal property is often of lower value.

Talkov Law's Partition Attorneys Can Help

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 300 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!

If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.

About Scott Talkov

Scott Talkov is a partition lawyer in California. He founded Talkov Law Corp. after more than one decade of experience at a California real estate litigation firm, where he served as one of the firm's partners. He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterprise, and in Los Angeles Lawyer Magazine. Scott has been named a Super Lawyers Rising Star for 9 consecutive years. He can be reached about new matters at or (844) 4-TALKOV (825568). He can also be contacted directly at

Talkov Law is Rated 5 out of 5 stars based on 103 customer reviews.

Contact Us Today for a Free Consultation & Pay No Retainer

Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      Offices Throughout California

      Los Angeles Office
      10880 Wilshire Blvd Ste 1101
      Los Angeles, CA 90024
      Phone: (310) 496-3300

      Orange County Office
      4000 MacArthur Blvd Ste 655
      Newport Beach, CA 92660
      Phone: (949) 888-8800

      San Jose Office
      99 S. Almaden Blvd Suite 600
      San Jose, CA 95113
      Phone: (408) 777-6800

      San Diego Office
      11622 El Camino Real Ste 100
      San Diego, CA 92130
      Phone: (858) 800-3300

      San Francisco Office
      50 California St, Ste 1500
      San Francisco, CA 94111
      Phone: (415) 966-3300

      Riverside Office
      3610 Central Ave, Ste 400
      Riverside, CA 92506
      Phone: (951) 888-3300

      Sacramento Office
      500 Capitol Mall, Suite 2350
      Sacramento, CA 95814
      Phone: (916) 668-3300

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.