California Civil Code section 682 lists the four ways several people can own property together: joint tenancy, partnership, tenancy in common, and community property. Joint tenants and tenants in common can partition as of right.
California Civil Code section 686 makes co-owners tenants in common by default, unless the property was acquired by a partnership, the deed or will expressly declares a joint tenancy, or it was acquired as community property.
Usually, yes. Filing first in a partition action gives you control over the timeline, the court, the lis pendens, and how the case is framed, advantages the responding co-owner cannot easily reclaim.
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.
Code of Civil Procedure section 872.730 lets the court apply the partition statutes to partnerships when the court finds them a suitable remedy.
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 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.
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.
Many defendants answer with boilerplate affirmative defenses and no supporting facts. In California, those defenses can be challenged by a motion to strike or demurrer.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
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.
