What is your situation with the co-owned property?
I want to sell but other owner(s) refuse
I want to buy out the other owner(s) but we can't agree on price
Other owner(s) want to sell or buy me out and I disagree
Property inherited with siblings/relatives who can't agree
Divorce or breakup - we co-own property and can't agree
What is the approximate value of the property?
Over $1,000,000
$500,000 - $1,000,000
$200,000 - $500,000
Under $200,000
How contentious is the dispute between owners?
Very contentious - we don't communicate or there's hostility
Moderate - we disagree but can still communicate
Mild - we mostly agree but have some sticking points
Amicable - we agree on most things, just need help with process
Are there any complicating factors?
Yes - disputes about ownership percentages or contributions
Yes - one owner has been paying mortgage/expenses and wants credit
Yes - one owner is living on the property rent-free
Yes - liens, mortgages, or other encumbrances
No major complications
What type of property is it?
Single-family home
Multi-unit property or rental income property
Vacant land
Commercial property
Have you tried to reach an agreement outside of court?
Yes - we've tried and failed to agree
Yes - sent a demand letter with no response or refusal
Somewhat - informal discussions haven't worked
Not yet - haven't formally tried to resolve it
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You Need a Partition Action Attorney
Your situation requires filing a lawsuit with the court. A partition attorney can navigate the legal process, protect your interests during property valuation, and handle any accounting disputes about contributions or expenses.
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Try Negotiation Before Litigation
Your situation may be resolvable through negotiation or mediation. Send a formal demand letter proposing specific terms. If that fails, you'll likely need an attorney, as partition actions require court filings.
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Consider a Consultation
Your case has elements that could be resolved through negotiation or may require litigation. Many real estate attorneys offer free or low-cost consultations to evaluate your options.
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Partition Actions in California
When co-owners of property can't agree on what to do with it, any owner can file a partition action to force a resolution. This is a powerful legal tool, but it requires going to court and can be expensive if contested.
What Is a Partition Action?
A partition action is a lawsuit under California Code of Civil Procedure 872.210 that allows any co-owner to force the division or sale of property. The court will order either:
- Partition in Kind: Physical division of the property (rare, usually only for vacant land)
- Partition by Sale: Sale of the property with proceeds divided among owners (most common)
- Partition by Appraisal: One owner buys out the others at appraised value (newer option under CCP 874.317)
Types of Partition Cases
| Situation |
Common Issues |
| Inherited Property |
Multiple heirs disagree on keeping vs. selling; sentimental value conflicts |
| Investment Property |
Partners disagree on management, selling, or buyout terms |
| Unmarried Couples |
Breaking up with co-owned home; who gets what |
| Friends/Family |
Purchased together but circumstances changed |
| Failed Business |
LLC or partnership owns property; members want out |
The Partition Process
- File Complaint: File lawsuit in Superior Court where property is located
- Serve Co-Owners: All owners and lienholders must be served
- Interlocutory Judgment: Court determines ownership interests and orders partition
- Referee Appointed: Court appoints referee to handle sale or division
- Accounting: If disputed, court determines credits for payments, improvements, rent
- Sale or Division: Property sold or divided per court order
- Distribution: Proceeds divided after costs and credits
Accounting Issues
The most contested part of partition is often "accounting" - determining credits and debits:
- Mortgage payments: Owner who paid more may get credit for principal (not interest)
- Property taxes: Credits for payments exceeding ownership share
- Improvements: Credit for value added by improvements (not cost)
- Rent/Occupancy: Owner occupying may owe "ouster" damages to others
- Rental income: Must be shared according to ownership interests
- Repairs/Maintenance: Necessary repairs may receive credit
Costs of Partition Action
- Attorney fees: $5,000 - $25,000+ depending on complexity and contest
- Court filing fees: $435+ (based on property value)
- Referee fees: Paid from sale proceeds (usually 2-5%)
- Appraisal costs: $500 - $2,000
- Title and escrow: Standard closing costs if sold
The good news: Attorney fees and costs are typically paid from sale proceeds, not out of pocket.
Heirs Property Protection Act
If the property was inherited and any owner has occupied it, California's Heirs Property Protection Act (CCP 874.311-874.324) provides additional protections:
- Right of first refusal to buy out other owners at appraised value
- Open-market sale instead of court auction if sale is necessary
- Protection from below-market forced sales
Why You Need an Attorney
- Partition actions must be filed in court
- Complex procedural requirements
- Accounting disputes require legal arguments
- Protecting your ownership interest percentage
- Maximizing credits for your contributions
- Ensuring fair property valuation
Alternatives to Litigation
- Negotiated buyout: One owner buys out others
- Mediation: Neutral mediator helps reach agreement
- Voluntary sale: Agree to list with realtor and split proceeds
- Partition agreement: Written agreement on division terms
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