Partition actions in California allow co-owners to force the sale or division of real estate when they cannot agree on what to do with jointly owned property. If you’re dealing with an uncooperative co-owner, inherited property dispute, or a failed investment partnership, this page will guide you through the process, legal standards, and how a partition attorney can protect your rights.
A partition action is a court proceeding that allows a co-owner to end a co-ownership arrangement when the parties cannot agree on selling or dividing the property.
Under California Code of Civil Procedure §§ 872.010–874.240, any co-owner has the absolute right to partition unless that right has been waived in a valid written agreement.
Partition actions are commonly used to:
The property is physically divided among the co-owners.
Common for vacant land; rarely feasible for single-family homes.
The property is sold and the proceeds are divided among the owners, adjusted for reimbursement claims.
Courts favor sale when physical division reduces value (Butte Creek Island Ranch v. Crim (1982) 136 Cal.App.3d 360).
One co-owner buys out the others at an appraised value (usually requires consent unless subject to the PRPA).
Effective January 1, 2023, the Partition of Real Property Act (PRPA) applies to many inherited or family-owned properties.
The major stages include:
A verified complaint is filed identifying the property, co-owners, and your right to partition.
The court determines ownership interests and orders partition.
A neutral partition referee may be appointed under CCP § 873.010 to oversee the sale or division.
The referee markets and sells the property (usually via MLS). The court confirms the sale and divides proceeds, adjusting for reimbursement claims.
Partition actions often involve disputes over contributions.
The court may adjust the final distribution to ensure fairness. Common adjustments include:
At Vokshori Law Group, we represent clients throughout California in all aspects of partition litigation, including:
We combine litigation strategy with practical settlement options to help clients resolve co-ownership problems efficiently.
Yes. When the court orders a partition by sale, all co-owners are legally required to comply. The sale is mandatory, and the process is supervised by the court to ensure fairness, transparency, and proper distribution of proceeds.
While not legally required, working with an experienced partition attorney is strongly recommended. Partition cases involve complex litigation, detailed accounting, reimbursement claims, appraisal issues, and strict procedural rules under the California Code of Civil Procedure. Skilled legal counsel ensures your rights are protected, your financial claims are properly documented, and the process moves efficiently.
Most partition actions in California take between 6 and 12 months, depending on the level of cooperation between co-owners, the complexity of reimbursement and accounting disputes, and whether the case proceeds through contested hearings. Cases involving PRPA issues or extensive improvements can take longer.
In many cases, yes. Courts frequently award reimbursement for contributions toward mortgage payments, property taxes, insurance, repairs, and improvements. If your financial contributions increased the property’s value or prevented default, the court may adjust the final distribution to ensure a fair outcome.
A partition action can only be prevented through a valid written waiver or a mutual agreement among the co-owners. Without a legally enforceable waiver, the right to partition is considered absolute under California law.
Co-ownership disputes can escalate quickly, especially when a co-owner refuses to cooperate, negotiations break down, or significant financial contributions are at stake. You don’t have to navigate these issues alone. A skilled California partition attorney, especially one with deep experience in real estate litigation, can protect your rights, preserve your financial interests, and guide you through the most effective path forward, whether that involves a buyout, a court-supervised sale, or strategic negotiation.
At Vokshori Law Group, our real estate attorneys bring extensive experience in partition actions, real estate disputes, and complex property litigation across California. We understand the financial, emotional, and legal pressures involved in these conflicts, and we provide clear, strategic counsel designed to help you reach a fair and efficient resolution.
If you’re ready to end a difficult co-ownership relationship or explore your legal options, we’re here to help.
Contact Vokshori Law Group today at (855) 855-2608 to schedule a confidential consultation with an experienced Los Angeles partition and real estate attorney.
Let us protect your property rights and guide you toward the outcome you deserve.
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