A co-owner who abandons a California property keeps their ownership rights. But the co-owner left paying the mortgage and upkeep can use a partition action to force a sale and recover those contributions.
Not while probate is pending. In Amundson v. Catello (2025), the Court of Appeal held that siblings who only expected to inherit property still in probate had no right to bring a partition action.
When one spouse inherits a share of a family house, the couple may disagree about selling it. California’s separate property rules decide who controls that share, and a partition action may still apply.
You can’t make a mentally ill co-owner pay, move out, or agree to sell, but a California court can order the house sold and credit you for what you paid.
When a relative moves into an inherited house, refuses to sell, and stops paying expenses, the other heirs are left covering the costs. A California partition action can force a sale.
A recession does not affect your right to partition, but it can affect when you should file. Home values, interest rates, and mortgage obligations all shape the best timing.
No. In California, the heirs do not all have to agree to sell inherited property: any one heir who co-owns the house can force a sale through a partition action, even when a sibling living there refuses to sell.
A sale of property co-owned with a married couple can be forced through a partition action by any co-owner, or through joinder in the family law case if the couple is divorcing.
You can’t make a hoarding co-owner clean up, move out, or sell, but a California court can order the house cleared and sold and charge the cleanup to the hoarder’s share.
When a California divorce is filed, automatic temporary restraining orders limit what spouses can do with property. Here is whether a spouse can still sever a joint tenancy, and how that affects partition.
In California, a co-owner who wants to sell property damaged by fire, flood, or earthquake generally cannot be forced to fund a rebuild. A partition action lets you sell, even when your co-owner wants to rebuild.
Being stuck on a mortgage with an uncooperative co-owner is hard. Here are the ways to separate yourself from the loan, including a refinance, a buyout, or a partition action.
Heirs often disagree about inherited property, such as when one moves in and the others want to sell. If talks fail, a partition action may be the only way to get your share.
A partition lawyer represents co-owners of California property who can’t agree on whether to keep, sell, or buy out the property. The main tool is a partition action asking the court to order a sale or division.
Both joint tenants and tenants in common share ownership of the same property, but their rights differ sharply, especially when an owner dies.
A California partition action can resolve ownership, title disputes, reimbursements, rent, liens, fees, and the sale. Learn its scope, limits, and how the accounting affects your payout.
Yes. A California co-owner can partition a rental property even with tenants and a good lease. Here is how rent, receivers, tenants, deposits and the sale are handled.
Yes. Any co-owner in California can force a partition, even with a 1% share and even when the majority owner refuses to sell. No majority vote is needed, because the right to partition is absolute.
Yes. If your family or another co-owner won’t sell the cabin or beach house, or will only offer a low buyout, a California partition action can end the co-ownership through a court-supervised sale or a buyout at a court-set value.
Many minority co-owners assume they have few rights. In fact, a 33% owner of California property has many, including the right to force a sale through a partition action.
Code of Civil Procedure section 872.020 explains what property the partition law covers. A co-owner can use a partition action to divide or sell real property, like a house or land, and personal property, like a car.
A partition action is a court-ordered division of property. Here are common examples of co-ownership disputes that lead to a partition in California.
Code of Civil Procedure section 873.830 allows a setoff instead of payment for a tenant for life or years when only part of the property is sold.
Code of Civil Procedure section 873.820 sets the order in which the proceeds of a partition sale are applied.
How a co-owner who wants out wins a partition action in California: force the sale or a buyout, answer the defenses your co-owner will raise, maximize your offsets, and build your record from day one.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
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