In Forrest v. Elam, the California Court of Appeal held that a son whose life estate ended when he left the property gave it up by forcing a partition sale, so he received his equal share as an heir but nothing for the life estate.
Yes, a California co-owner can sell their half of a jointly owned property without the other owner’s consent, but almost no one buys half a house at full value, so the way to cash out your share for what it is actually worth is a co-owner buyout or a partition action.
In Capuccio v. Caire, the California Supreme Court held that a partition plaintiff’s attorney’s fees for the common benefit are shared by all owners, even when the other owners fight the case, and even before the fees are paid.
In Stutz v. Davis, a one-third owner forced a partition and bought the property. The court split attorney’s fees by ownership on the full sale price and denied the lenders’ fees.
Orien v. Lutz explains that reasonable attorney’s fees in a contested partition can benefit all co-owners and be allocated among them. A co-owner’s opposition does not defeat that common benefit; the court determines which fees qualify and how to apportion them equitably.
In Lin v. Jeng, the Court of Appeal held that courts have broad power to divide partition attorney’s fees based on fairness, and upheld an order making a sister pay all of her own fees after she claimed 85 percent of a family home her siblings co-owned.
An individual co-owner can represent themselves in a California partition action, but a company, executor, or trustee must hire a lawyer.
Not always. Most California partitions that end in a court-ordered sale need a referee, but a court-appointed broker can fill that role, and cases that settle never need one.
Usually not. An appeal of a California partition judgment ordering a sale generally does not stop the sale unless the appealing co-owner posts an undertaking set by the trial court.
In Finney v. Gomez, the Court of Appeal held that partition attorney’s fees are ordinarily split by ownership, so a 50 percent owner cannot be charged with 100 percent of the fees without evidence supporting a different split. Lin v. Jeng later gave courts more room to shift fees.
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 partition referee is usually paid at the end of the case, typically from the sale proceeds at the same time the co-owners are paid.
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.
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.
California lets the co-owner who files a partition ask the court to award attorney’s fees and costs against the other co-owners, usually paid from the sale proceeds.
A section 998 offer lets a co-owner pressure the other side to settle a partition action, because a co-owner who refuses and does worse at trial can be made to bear more of the costs.
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.
California’s Uniform Partition of Heirs Property Act took effect January 1, 2022, giving defendants in some partition actions added protections.
Estimate partition proceeds by accounting for value, debt, sale expenses, ownership shares, and reimbursements. See a worked $1 million sale example.
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.
A 50% owner of California real estate has the right to force a sale through a partition action, occupy the entire property, and collect 50% of the net rental proceeds, among other rights.
Code of Civil Procedure section 874.120 makes the costs of a partition action a lien on a co-owner’s share of the property and sets the lien’s priority.
Code of Civil Procedure section 874.050 addresses how the share of partition costs apportioned to a future interest is paid and later reimbursed.
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Practical guides from attorneys who focus exclusively on California partition actions.
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