CCP 872.210 Archives

Selling Inherited Co-Owned Property to Move Out of California

For those who inherit co-owned homes in California, the decision to keep or sell the property is increasingly influenced by the financial benefits of relocating to less expensive areas. In the past few years, Californians have been relocating to states where their money stretches further, thereby improving the quality of life. This article delves into … Read More

Can I Remove My Former Fiancé(e) From the Title of My Property?

Separating from a partner is a difficult position but it is even more complex when an unmarried couple separates after purchasing a property together. Unfortunately, this scenario is common enough that nearly half of all partition cases involve unmarried couples. Depending on whether the goal of a co-owner is to force the sale of the … Read More

Do I Have to Sue my Family Member with Partition Action to Obtain my Share of the Inherited Property

Do I Have to Sue my Family Member to Obtain my Share of the Inherited Property?

It is common for family dynamics to be strained after inheriting real estate because many co-owners are unable to agree on how to manage the property. A co-owner may want to move into the property despite only inheriting 50% and the other co-owners, each holding 25% may want to sell the property and take the … Read More

Do a Majority of the Co-Owners Need to Support a Partition Action

Is a Majority Vote Needed to File a Partition Action?

No. A common misconception is that a majority of the ownership interests are needed for a court to compel the sale of a jointly-owned property in a partition. This belief is entirely incorrect. Any owner, regardless of their ownership percentage, can initiate the sale of the property, whether they hold 99% or merely 1% of … Read More

Why Do Courts Allow Partition Actions?

Courts allow partition actions in California as a legal remedy to resolve co-ownership disputes. In a partition action, the co-owned property is either divided or sold with each co-owner receiving their equitable interest. Some co-owners wonder if a judge can really force the sale of a property they have lived in for years. Further, some … Read More

How Much Equity Do I Need to Have in My Home to File a Partition Action?

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

Can I Force the Sale of a Jointly Owned Vacation Property?

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

Code of Civil Procedure § 872.020 (CCP) – Scope of Title (Partition Actions)

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 Action Attorney Lawyer

Can I File a Partition Action?

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

What is a Partition Action?

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