An undivided interest is a co-owner’s percentage share of an entire property, not a specific part of it. When co-owners disagree, a partition action converts undivided interests into separate parcels or cash.
In Zieve v. Dhindsa, the California Court of Appeal confirmed that a co-owner can borrow against their own share without the others’ consent, but the loan reaches only that share, even in a foreclosure. The co-owner who never borrowed received 25 percent of the surplus.
Code of Civil Procedure section 873.260 explains how a lien on one co-owner’s undivided interest attaches to that co-owner’s share after the property is divided.
A partition in kind physically divides the property so each co-owner receives a portion of the land. Here are the rules that decide when it is allowed.
A lien against one co-owner does not have to stop the sale of a co-owned house. Here are five ways to sell a California house when one owner has a lien or judgment.
Code of Civil Procedure section 873.220 lets a partition in kind allot to a party the portion of the property that includes improvements that party made.
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Practical guides from attorneys who focus exclusively on California partition actions.
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