Owning property with others can sometimes lead to disagreements that feel impossible to resolve. Maybe you inherited a home with siblings, or you and a former partner still share the title to real estate in San Jose. When co-owners cannot agree on how to divide or manage shared property, a partition action can provide a fair and equitable solution. In California, this legal process enables a court to divide or sell the property, ensuring that each owner receives their rightful share of the property.
If you are facing a co-ownership dispute, we can help you understand your options and protect your interests. Contact BoyesLegal, APC today to learn how our San Jose real estate attorneys can guide you through a partition action.
What Is a Partition Action?
A partition action is a lawsuit filed by one or more co-owners of real property when the owners cannot agree on how to handle the property. Under California law, every co-owner has an absolute right to partition, meaning they can compel a resolution even if the others do not consent (Cal. Code Civ. Proc. § 872.710).
Partition actions typically occur when:
- Family members inherit property but disagree on whether to sell or keep it.
- Former partners continue to share ownership after a breakup or divorce.
- One owner shoulders more than their share of taxes, mortgage, or maintenance costs.
The court intervenes to ensure that the property is divided fairly and that no co-owner remains stuck in a dispute without a clear way forward.
Why Partition Actions Arise in California
Disputes over co-owned property often stem from personal and financial conflicts. Common reasons include:
- Inheritance disagreements: Siblings may have different ideas about what to do with a parent’s home.
- Divorce or separation: One spouse may want to sell the property, while the other insists on keeping it.
- Investment disputes: Friends or relatives who bought property together may have conflicting financial goals.
- Unequal contributions: One party may feel it’s unfair to continue paying more toward expenses while others benefit equally.
Partition actions prevent stalemates by providing co-owners with a clear and enforceable path toward resolution.
Types of Partition Actions
California courts recognize three main types of partition:
- Partition in Kind: The property is physically divided among the owners. This is more practical for large parcels of land than for single homes.
- Partition by Sale: The property is sold, and the proceeds are divided according to each owner’s share—the most common outcome in California.
- Partition by Appraisal: One co-owner buys out the others at a court-approved appraised value.
In most residential property cases, partition by sale is the method courts choose because it is the fairest and most practical.
The Partition Action Process in California
The process begins when a co-owner files a complaint in the county where the property is located. In San Jose, for example, the case would be filed in the Santa Clara County Superior Court.
Key steps include:
- Filing the lawsuit: A co-owner petitions the court for partition.
- Court’s appointment of a referee: A neutral third party may be assigned to manage the sale or division.
- Property division or sale: Depending on the court’s decision, the property is either divided, sold, or bought out.
- Distribution of proceeds: Each co-owner receives their share of the value.
The costs of the action—including referee fees, court costs, and attorneys’ fees—are generally shared by the co-owners, though the court can adjust this depending on fairness.
Alternatives to Partition Actions
While partition is a powerful legal tool, it is not always the best first step. Alternatives include:
- Negotiation or mediation: Working with attorneys or mediators to reach a voluntary agreement.
- Buyouts: One co-owner voluntarily purchases the interests of the other (s) without court involvement.
- Settlement agreements: Flexible arrangements that avoid litigation costs and delays.
Often, resolving the matter outside of court saves time, money, and relationships. Still, when compromise isn’t possible, a partition action ensures fairness.
How BoyesLegal Can Help
At BoyesLegal, we represent individuals throughout California, including here in San Jose, in partition actions and other real estate disputes. We will:
- Explain your legal rights and obligations clearly.
- Evaluate whether mediation or a buyout resolves your case before litigation.
- Represent you in court if a partition action is the only option.
- Work to ensure the property is fairly valued and divided.
You can trust us to help protect your property rights while finding the most efficient resolution possible.
Legal Help for Partition Actions in San Jose
Partition actions can bring clarity and fairness when co-owners cannot agree on how to manage shared property. Whether you inherited a home, went through a divorce, or invested with others, you do not have to remain in limbo. With the proper legal guidance, you can move forward confidently. Contact BoyesLegal today to discuss your situation and find the best path forward.
Frequently Asked Questions
Can one co-owner force the sale of property in California?
Yes. Any co-owner has the right to file a partition action, and the court can order the property sold or divided (Cal. Code Civ. Proc. §872.710).
How long does a partition action take in California?
Timelines vary, but many cases take several months to more than a year, depending on whether parties contest the action or cooperate.
Who pays for the costs of a partition action?
Typically, court costs, referee fees, and attorney’s fees are shared among the co-owners, although the court may adjust the allocation based on fairness.
Can partition actions apply to inherited property?
Yes. Partition actions are often used when siblings inherit property and cannot agree on whether to keep it or sell it.