In Gray v. Superior Court, the California Court of Appeal held that a partition trial begins once the parties present evidence to a referee, so a plaintiff who lost at the referee hearing could not dismiss the case and start over.
In Caiozzo v. 2672 to 2674 North Beachwood Drive, LLC, the California Court of Appeal affirmed a trust’s right to partition a co-owned Los Angeles duplex and rejected the LLC’s reliance on a “fairness” defense.
In De Roulet v. Mitchel, the California Court of Appeal held that a co-owner cannot block or delay a partition sale because the property has a profitable lease or its value is expected to rise.
In De Uprey v. De Uprey, the California Supreme Court affirmed the sale of a co-owned San Francisco lot despite five demurrers, holding that a partition complaint need not say how the property should be divided and that ownership disputes are decided inside the partition.
Butte Creek Island Ranch v. Crim explains the evidence supporting partition by sale: an inability to divide the property fairly or a material loss in value from division.
Sting v. Beckham upheld a partition by sale where a single water well supplied much of the property’s value, making physical division unfair to the owner who would receive land without it.
In Richmond v. Dofflemyer, a California court divided part of a family ranch in kind and sent the rest to a referee. See what it means for co-owners.
In Priddel v. Shankie, the California Court of Appeal held that a co-owner’s right to partition is absolute and that another co-owner’s homestead on their own share cannot stop a court-ordered sale.
A California court cannot order a partition by appraisal unless the co-owners agree to it. Cummings v. Dessel explains the written agreement rule, the public notice rule for sales, and what co-owners can do instead.
In Jamison v. Jamison, the California Court of Appeal explained that a court dividing co-owned land must value each parcel to set owelty, and held that a co-owner who did not timely move for a new trial could not challenge the owelty amount on appeal.
Often not, and the mortgage is usually the reason. When the co-owner who wants out is on the loan, a co-owner buyout generally means paying off that loan or getting the lender to release the departing co-owner, and a replacement loan at today’s rates can cost far more than the old one. If the staying … Read More
In LEG Investments v. Boxler, the California Court of Appeal held that a right of first refusal between co-owners does not waive partition. The co-owner who wants out must offer its share first; if the other owner declines, a partition sale can follow.
When five siblings inherit a house and three want to sell, the other two cannot stop the sale, whether one lives in the house or one is simply on the fence. Any one of the three can file a partition action, and every other sibling is named as a defendant without having to take a side.
A California transfer on death deed can name several beneficiaries. When the owner dies, they inherit the house together in equal shares. If they cannot agree on keeping, renting, or selling it, any one of them can file a partition action.
A co-owner’s drug addiction cannot stop a partition action. California law gives the other co-owners tools to recover unpaid expenses, protect the property, and end the co-ownership.
An interlocutory judgment of partition closes the first phase of a California partition case. You obtain it by proving your right to partition and each co-owner’s share, often by motion rather than trial.
Usually not. Living in the house does not give a co-owner control over it. In California, co-owners have equal rights to the property, and a partition action lets the other co-owner force a sale.
When a co-owner won’t pay their share of homeowner’s insurance, a partition action lets you recover what you overpaid and end the co-ownership.
A partition action lets a California co-owner force the sale of jointly owned property through the court. This guide walks through the steps, from filing to sale.
A co-owner’s mental illness can lead to refusals to sell, unpaid expenses, and breakdowns in communication. A California partition action protects the other co-owners and resolves the dispute fairly.
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.
A co-owner who paid more than their share for the down payment, mortgage, repairs, or taxes can seek reimbursement in a partition. Here is the evidence the referee needs to calculate offsets.
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.
Yes, but it’s nuanced. A Realtor can serve as a partition referee, though the role involves more than listing the property, so co-owners should weigh the pros and cons.
A co-owner can be removed from a California house title by a deed with their agreement, or without it through a partition action. Quiet title is available only in narrow cases.
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Practical guides from attorneys who focus exclusively on California partition actions.
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