Updated on July 30, 2025

Why a Partition Action in California May Be Necessary When Co-Owners Disagree

Real estate co-ownership can be a practical arrangement for families, business partners, or investors, but conflicts often arise when one party wishes to sell or divide the property while others do not. In California, a partition action in California may be the only viable solution to resolve such disputes. If you find yourself in a dispute over jointly owned property, understanding partition actions and how to navigate them effectively is crucial. Below, we explore what a partition action is, when it is necessary, the types available, and how to ensure a successful outcome while safeguarding your interests.

What is a Partition Action?

A partition action is a legal proceeding that allows co-owners of real property to seek the division or, more often, sale of the property when they cannot agree on its use or disposition. This process ensures that each owner receives their fair share of the property’s value. Partition actions are typically pursued when one party wants to sell the property, but others refuse, making it impossible to liquidate or fairly distribute ownership interests outside of court.

When is a Partition Action Necessary?

A partition action is generally necessary when co-owners disagree on selling or managing the property, which is common among inherited properties where multiple family members have different interests. It is also needed when a business partnership dissolves and real estate held by partners must be divided. Unmarried romantic partners  who cannot agree on the division of jointly owned property may also require a partition. Additionally, investment partners seeking to cash out their shares in a property may need to pursue a partition action if other owners refuse to sell.

Types of Partition Actions

There are three primary types of partition actions, each with unique applications:

1. Partition in Kind (Physical Division)
   
   • This type of partition physically divides the property among co-owners.
   • Example: A large parcel of farmland owned by multiple family members could be divided into separate tracts, allowing each party to retain ownership of a portion.
   • In modern day a partition in kind is extremely rare – we almost never see them because it can devalue the property as a whole.  That said, we had it arise in one of our cases involving farmland in Kern County where one minority owner wanted to sell his 10% interest but the majority holder did not want to sell the land.  The land was being used both as a wind farm and for cattle.
2. Partition by Sale:
   
   • If a physical division is impractical or would significantly reduce the property’s value, the court may order a sale.
   • Example: A single-family home co-owned by siblings is difficult to divide physically, so the court orders a sale, and proceeds are distributed according to ownership interests.
   • This is the most common type of partition action.
3. Partition by Appraisal:
   
   • In this less common method, one co-owner buys out the others at a court-determined appraised value.
   • Example: One business partner buys out the other’s share of a commercial property rather than forcing a sale.
   • There is a detailed set of statutory rules that cover partition by appraisal.  The wrinkle here is that in order to do a partition by appraisals all parties must agree to it — this type of resolution of a partition action cannot be forced on another party.

What is Needed to Bring a Partition Action?

To initiate a partition action, the plaintiff must establish their legal ownership interest and the desire for division or sale. The law really does not require anything else.  That said, the partition attorneys at Schorr Law like to do an up front analysis of the financials and possible outcomes.  This includes gathering title documentation proving joint ownership, evidence of disputes regarding the property’s use or sale, and a rough valuation of the property to assist in determining fair division or sale price.  We also suggest looking at what each party has paid for common expenses as there is a typically an accounting that accompanies a partition action.

How to Avoid an Unsuccessful Partition Action Case

While partition actions can be effective, they are not always guaranteed to succeed. To avoid an unsuccessful case, ensure clear ownership rights, as lacking a name on the title may mean you have no standing to file. Attempt alternative dispute resolution first, such as mediation or negotiation, to resolve conflicts without the expense of litigation. Understand the financial implications, as partition cases can be costly, especially if one party contests the action aggressively. Finally, comply with legal requirements, since failure to provide necessary documentation or follow procedural rules can result in dismissal.

Please keep in mind that you may have a right to recover your portion of attorneys’ fees expended to pursue an partition action.

Tips for a Successful Partition Action Case

To improve your chances of a favorable outcome, gather strong supporting evidence such as clear records of ownership and property value. We also think it is important to compile all of the expenses you have paid towards the property because all partition claims have an accounting component where parties are able to seek reimbursement for their expenses made for the common benefit of all of the property owners.  We suggest acting promptly, as delaying action can lead to complications, such as unpaid taxes, property deterioration, or additional legal disputes. Consider obtaining an independent appraisal to ensure fair compensation. Most importantly, work with an experienced attorney, as skilled legal representation increases the likelihood of success and protects your interests throughout the process.   At Schorr Law, our partition attorneys have done hundreds of partition matters in all sorts of contexts whether it be vacant land, commercial buildings, apartment complexes, single family homes and more.

How Professional Legal Counsel at Schorr Law Can Help Protect Your Interests

Partition actions can be legally complex, emotionally charged, and financially significant. Our  experienced real estate attorneys at Schorr Law can advise you on the best course of action, helping to determine whether a partition is necessary or if alternative resolutions exist. We help to ensure compliance with California law, which has specific legal requirements that must be met. Our experienced attorneys can also negotiate settlements to avoid litigation and, if necessary, represent you in court, which can make a significant difference in the outcome.  Choose the right counsel matters and our experience can help guide you on what to expect throughout the process.  Moreover, we have creative ways to resolve ongoing disputes to help expedite the resolution of partition matters to help avoid long drawn out litigation and high court costs – like getting a partition stipulation for a private sale.

Schorr Law remains at the forefront of partition law, including being a part of one of the key California cases that helped clarify the rules on attorney fee reimbursement in partition actions in California. 

If you are facing a dispute over jointly owned real estate in Southern California, Schorr Law has a proven track record of successfully handling partition cases. Our experienced attorneys understand the complexities of real estate law and are committed to protecting your interests. Whether you need legal advice, representation, or assistance in negotiating a resolution, we are here to help.

For more information on how partition actions are handled legally, visit the https://www.courts.ca.gov/

Contact Schorr Law

If you have been a victim of title theft, or if you simply want to ensure your property is protected, Schorr Law can help. Our attorneys have extensive experience handling complex title and real estate fraud matters across California.

Call us today at (866) 787-8459 or reach out through our contact form here to schedule a consultation.

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