How to Stop a Partition Action
Generally, the right to a partition action is absolute, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party who does not wish to sell the property unless the parties can resolve the dispute by settling. However, there are techniques to bring a stop to the action through an appropriate resolution that will obtain the consent of the other co-owners.
Absent an agreement or affirmative defense, the court will typically force the sale of jointly-owned property or force the sale of inherited property, then divide the proceeds between the co-owners. Even if one of the co-owners currently lives in the property, the partition action will typically force the sale of the property and can even force a co-owner to vacate if they do not cooperate in the sale. So, in short, it is typically very uncommon for a partition action to be stopped, but partition actions can be settled to reach an optimal outcome.
Exceptions to the Rule that Partition is Absolute
Generally, any co-owner has the right to file a partition action under the California Law. However, the most common exceptions to this rule are if:
- You waived the right to partition, which would generally occur by contract or otherwise in writing under Code of Civil Procedure § 872.710(b); or
- The property is community property (property bought while in a marriage). This division would be considered a family law matter and it would be best to seek out a property division attorney. Code Civil Procedure § 872.210(b).
Affirmative Defenses to a Partition Action in California
There are sometimes other defenses available to help you fight against a partition action. As explained by our article on affirmative defenses to a partition action in California, defendants can:
- Force an appraised buyout under the Partition of Real Property Act
- Challenge a plaintiff’s standing
- Raise the issue of offsets against the co-owner, particularly if the potentially offsets exceed the plaintiff’s equity in the property.
To learn more about each affirmative defense to a partition action, it would be wise to consult counsel who can examine what defenses may be available to you.
Talkov Law's Partition Attorneys Can Help
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!