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.
Contact an Experienced Partition Attorney in California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!