Any co-owner of real property in California can file a partition action, regardless of the size of their ownership interest. Put simply, if someone owns a mere 1% of a property, they can file a partition complaint. This is because the right to partition in California is absolute. One court explained that “if the party … Read More
Owning a vacation property can be a dream come true for owners of real property. That dream can quickly devolve into a nightmare if you own that vacation home with an uncooperative co-owner, however. Indeed, many families buy a vacation property together. However, as the years go by, relationships can become strained through life, death, … Read More
California Code of Civil Procedure 872.020 is the California partition statute that addresses the scope of title in a partition action in California. The statute provides that: This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property. California Code of Civil Procedure § … Read More
Am I Entitled to a Partition? California law generally allows any co-owner of a jointly owned property to force the sale of the property through a partition action. Partition actions are so favorable to public policy that the “right to partition is absolute.” [1]Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. However, there are … Read More
A partition action is a lawsuit that forces the sale or division of jointly owned real property. The court will equitably divide the interests of all the co-owners even if one or more co-owners does not agree to the sale or division. This division generally involves division of the proceeds of sale. What is Partition … Read More
Can Realtors assist their clients in selling a co-owned property? As a Realtor, you may have come across situations in which a disagreeable co-owner disrupts an otherwise easy sale. Your client may have his or her heart set on selling the home but is unable to do so without the signature of the uncooperative co-owner. … Read More
Real Estate Partition Definition in California A partition action is a court-ordered equitable division of property. When one or more co-owners disagrees on what to do with a co-owned property, a partition action can be started to force the sale of the subject property. This definition of a real estate partition shows how a partition … Read More
California Code of Civil Procedure 873.830 is the California partition statute that authorizes setoff instead of payment. The statute provides that: Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of … Read More
The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … Read More
One of the most common questions raised by co-owners of real property in California is how to force the sale of the property when the co-owners do not agree. California Code of Civil Procedure Section 872.210 allows a co-owner to sell co-owned property, even if the other co owner does not consent to the sale, … Read More
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