Disputes often arise when multiple people own real estate together. Co-owners may disagree about whether to sell the property, how it should be managed, or who should continue living there. When these disagreements cannot be resolved, California law provides a legal remedy known as a partition action. A partition action allows a co-owner of real property to ask the court to divide the property or order its sale so that each owner can receive the value of their ownership interest.
What is a Partition Action?
A partition action is a lawsuit filed by one co-owner of real property that seeks a court order dividing or selling the property among all co-owners. In California, co-owners generally have the right to seek partition unless that right has been waived by agreement.
Under California Code of Civil Procedure, any co-owner of real property may bring a partition action. These cases can involve many types of ownership arrangements, including:
- Joint tenants
- Tenants in common
- Partnership property
- Property inherited by multiple family members
- Property owned by former spouses or unmarried partners
Partition actions can apply to many types of real estate, including houses, farms, apartment buildings, and commercial properties.
When are Partition Actions Used?
Partition actions commonly arise when co-owners cannot agree on what should happen to the property. For example, one owner may want to sell the property while another wants to keep it.
These disputes frequently occur in situations such as:
- Siblings who inherited property
- Partners who purchased a home together
- Real estate investors who jointly purchased property
When co-owners reach a deadlock, a partition action may be the only way to resolve the dispute.
Methods of Partition in California
California courts may divide property in several different ways depending on the circumstances.
- Partition by Sale
The most common method is partition by sale, where the court orders the property to be sold and the proceeds divided among the owners according to their ownership interests. This approach is often used for single-family homes and commercial buildings that cannot be easily divided.
- Partition in Kind
A partition in kind involves physically dividing the property into separate portions. This method may be appropriate forlarge parcels of land but is usually impractical for residential homes.
- Buyout of Ownership Interest
In some cases, the parties may agree that one owner will buy out another’s owner’s interest. This type of resolution can occur through negotiation or as part of the court proceedings.
Costs and Considerations of Partition Actions
Partition actions can involve legal fees and court costs. However, California law allows certain expenses, including reasonable attorney’s fees incurred for the common benefit, to be included as part of the costs of partition. Because litigation can be time-consuming and expensive, co-owners are often encouraged to attempt negotiation or mediation before filing a partition lawsuit.
When co-owners cannot agree on how to manage or dispose of jointly owned property, a partition action may provide a legal solution. By allowing the court to divide or sell the property, partition actions help resolve disputes and ensure that each owner receives the value of their ownership interest. Because partition actions involve complex legal procedures, property owners should carefully consider their options and seek legal guidance before pursuing this type of claim. Please contact our office for a consultation with a real estate attorney.
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