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 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.
Does Los Angeles’ mansion tax, Measure ULA, apply when only a fractional interest in a property is transferred? We explain how the tax treats fractional sales, co-owner buyouts, and partition actions.
A majority owner cannot stop a partition. Even a minority co-owner in California has the right to force a sale through a partition action.
Whether you inherited a share of a property or co-own with a former partner, disagreements can trap your equity. A partition action or a sale of your fractional interest can unlock it.
Co-owners often disagree with the court about how property should be appraised under the Partition of Real Property Act. Code of Civil Procedure section 874.316 sets the rules for fair market value.
Yes. Any co-owner in California can force a partition, no matter how small their share. Even a 1% owner can file, and no majority vote is needed, because the right to partition is absolute.
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.
Under Code of Civil Procedure section 872.210, any co-owner can force the sale of co-owned property. The right to partition is so strong that courts call it absolute.
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Practical guides from attorneys who focus exclusively on California partition actions.
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