Absolute Right to Partition in California
Under Code of Civil Procedure section 872.210, any co-owner can force the sale of co-owned property. The right to partition is so strong that courts call it absolute.
California Code of Civil Procedure § 872.710 – Right to Partition
Code of Civil Procedure section 872.710 governs the right to partition in California, providing that partition of concurrent interests is a matter of right unless barred by a valid waiver.
Adverse Possession and Co-Ownership
Co-owners often ask whether moving out of a property means giving up their ownership. In California, adverse possession between co-owners is very hard to prove.
California Code of Civil Procedure § 872.840 – Partition of Property Held in a Trust
Code of Civil Procedure section 872.840 explains how property subject to an express trust can be divided or sold in a partition, and the trustee’s duties.
California Code of Civil Procedure § 872.110 – Partition Jurisdiction and Venue
Code of Civil Procedure section 872.110 gives the Superior Court jurisdiction over partition actions and sets venue in the county where the real property is located.
California Code of Civil Procedure § 872.230 – Contents of a Partition Complaint
Code of Civil Procedure section 872.230 lists what a partition complaint must contain, including a description of the property, the plaintiff’s interests, and the other interests the case will affect.
California Code of Civil Procedure § 872.210 – Who Can File a Partition Action
Code of Civil Procedure section 872.210 decides who can file a partition action. Any co-owner of real or personal property may sue for partition, but spouses cannot use it to divide community property.
The Secret to Selling Jointly Owned Property
California co-owners can sell by agreement, complete a buyout, or use a partition action when an owner refuses. Learn the steps, costs, and timing.
How to Force the Sale of Jointly Owned Property in California
Co-owners of real estate in California have an absolute legal right to partition the property, thereby causing the property to be sold and the proceeds distributed.
Statute of Frauds in California Real Estate: Oral Agreements Between Co-Owners
California’s statute of frauds requires a signed writing to transfer an interest in real estate, so an oral promise to sell a co-owner’s half, or a claim that someone on the deed is only a co-signer, generally cannot change who owns the property.
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Partition by Sale vs. Partition In-Kind [California Real Estate]
Co-owners often disagree about whether to sell the property or divide it. Here is how California courts decide between partition by sale and partition in kind.
Partition Action Complaint in California: Free Form and Template
A partition action complaint describes the co-owned property, names every owner and lienholder, and asks the court to sell or divide it; here is a free California form with the CCP 872.230 checklist.
