A partition action is a legal process used when two or more individuals co-own real estate and can no longer agree on how to manage or divide their shared property. In California, this approach to seeking legal remedy to such a dispute commonly arises when family members who inherit property together, unmarried couples who buy property jointly or business partners who invest in real estate cannot reach an amicable solution to their ownership concerns absent legal action.
When one co-owner wants to sell the property but the others do not—or when disputes about use, maintenance or expenses arise—a partition action may be the only way to resolve the conflict. California law recognizes three types of partition actions:
- Partition by Sale – The most common type, this occurs when the property is put up for sale and its proceeds are split among the co-owners in accordance with their ownership interests. Courts often favor this method, especially when dividing the property physically would be impractical or would diminish its value.
- Partition in Kind – This method divides the property physically among the co-owners. It is generally used when the property is large enough or uniquely suited to be split without harming its value, such as vacant land or farmland.
- Partition by Appraisal – This allows one co-owner to buy out the others at a value determined through an appraisal. This option may be agreed upon by the parties to avoid a public sale or prolonged litigation.
Any co-owner of a property in California has the legal right to file a partition action. It doesn’t matter if they own a majority or minority interest—every co-owner has the right to seek a division or sale of the property.
Steps in a Partition Action
A typical partition lawsuit involves the following steps:
- Filing the complaint in court
- Notifying all other co-owners (defendants)
- Appointing a referee, if needed, to manage the process
- Obtaining a court order to sell or divide the property
- Completing the sale or division
- Distributing the proceeds or interests based on each party’s ownership share
If one party has paid more toward property expenses like taxes, mortgage payments or repairs, the court may consider that when dividing proceeds.
Ultimately, partition actions can be time-consuming and costly, especially if the parties are in sharp disagreement. However, for a co-owner stuck in a deadlock with others, it may be the only way to resolve the situation and benefit fully from the value of their ownership interest.