CCP 872.210

What Happens if One Co-owner Wants to Live in the Property?

When one co-owner wants to live in a property and the other does not, a partition action is the ultimate legal solution to resolve disputes over possession, expenses, and fairness. In California, uncooperative co-owners generally have equal rights to occupy the entire property, but that doesn’t mean one can live there without consequences. Equal Right … Read More

Can I Partition an Investment Property?

Yes. In California, you can file a partition action to force the sale of jointly owned investment property, even if the other co-owner does not agree. When co-owners of an investment property disagree on whether to sell, refinance, or manage the property, the situation can quickly become frustrating and financially draining.  Fortunately, California law provides … Read More

Abandoned Property Partition Action: What to Do When a Co-Owner Walks Away

A co-owner who abandons a property in California does not lose their ownership rights, but their absence often creates financial strain that can be resolved through a partition action.  When one co-owner stops contributing, the remaining co-owner is often left covering the mortgage and upkeep alone. This situation is common among unmarried couples, family members, … Read More

Amundson v. Catello (2025) – Can Heirs Force a Partition Sale?

The recent decision in Amundson et al. v. Catello (2025) 111 Cal.App.5th 817 serves as an important reminder that not everyone who expects to own property has the legal right to bring a partition action. Background of the Case In Amundson, siblings of a decedent sought to partition real property that was still subject to … Read More

Spouse Won’t Sell an Inherited House in California

When a spouse inherits a fractional interest in a house from their family, disagreements can arise within the marriage about what should happen to the co-owned property. One spouse may want to sell the inherited home and use the money to move or invest elsewhere, while the spouse who inherited the property may want to … Read More

When a Co-Owner in Possession Refuses to Cooperate in California

One of the most common reasons a co-owner refuses to cooperate with a sale is simple: they are already getting what they want. If your co-owner is living in the property, they may have little incentive to sell or buy you out. In fact, they may actively delay, obstruct, or ignore your requests in hopes … Read More

Mental Illness and Co-Ownership Disputes

Mental illness can create challenges, with property co-ownership being particularly challenging under California law. From refusal to sell to unpaid expenses, behavioral health concerns can complicate co-ownership and often lead to property disputes. Conditions like anxiety, depression, or substance use disorders may cause communication breakdowns, financial mismanagement, or outright refusal to cooperate. These issues often … Read More

File a Partition Before Home Prices Drop in California?

Partition actions in California are most effective when filed before home values begin to fall. If you’re involved in the co-ownership of real property and notice signs of a declining market—rising interest rates, increased inventory, or more price cuts—now may be the time to act. Filing early can mean the difference between preserving your equity … Read More

Multi-Property Partitions: Should I Leave One Property Out of the Partition?

Multi-property partitions can become one of the most complicated real estate disputes co-owners face. When co-owners purchase or when families inherit multiple properties together, it doesn’t take long before disagreements arise. Some co-owners want to sell everything, while others insist on keeping certain properties in the family. This raises an important question: Should all properties … Read More

What to Do If a Majority Owner Refuses a Partition Action

When the majority owner refuses a partition action, you don’t have to stay trapped—California law is on your side. When co-owners of real estate don’t see eye to eye, disputes are inevitable—especially when one party wants to sell, but the majority owner(s) disagrees. Fortunately, California law provides a clear legal path forward for minority owners … Read More

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