What Is a Partition Action in California? A Guide for Property Co-Owners

August 28, 2025

What Is a Partition Action in California? A Guide for Property Co-Owners

Co-owning real estate can offer many advantages—but when disagreements arise, it can also lead to legal conflict. If you're sharing ownership of a property in California and cannot agree on what to do with it, a partition action may be the legal solution.


At Joshi Law Group, we help individuals across San Diego understand their rights when real estate partnerships break down. Whether you're navigating a family dispute, a former relationship, or a business disagreement, we offer clear legal support to protect your interests and guide you through the partition process.


Understanding Partition Actions

A partition action is a legal proceeding filed by one or more co-owners of a property who wish to divide or sell the property when there is no mutual agreement on what to do with it. California law gives every co-owner the right to initiate a partition action if they no longer want to maintain joint ownership.


Partition actions most commonly involve:

  • Inherited property among siblings or relatives
  • Joint ownership after divorce or separation
  • Business partners who invested in real estate together
  • Friends or unmarried couples who purchased property jointly


Types of Partition Actions in California

California recognizes several forms of partition, depending on the circumstances and type of property involved:

1. Partition by Sale

This is the most common result. The court orders the property to be sold and the proceeds distributed among co-owners according to their ownership interest.

2. Partition in Kind

The court physically divides the property (typically land) among the co-owners. This is less common, especially in residential settings.

3. Partition by Appraisal

Co-owners may agree to have one party buy out the other’s interest based on a court-approved appraisal. This often avoids a public sale.


Common Reasons for Filing a Partition Action

Co-owners may seek partition for a variety of reasons, including:

  • One party wants to sell, while the other does not
  • A co-owner is not contributing to the property’s expenses
  • There is no written agreement on how to handle disagreements
  • The property has become a financial burden
  • The relationship between co-owners has deteriorated


What Happens During a Partition Action?

Filing a partition action in California involves a structured legal process:

  1. Filing a Complaint
    The party seeking partition files a lawsuit in the superior court where the property is located.
  2. Legal Notice to All Parties
    All co-owners must be legally notified and given an opportunity to respond.
  3. Court Review
    The court evaluates the property, the ownership rights, and the arguments from each party.
  4. Decision and Resolution
    The court will decide on the method of partition—sale, in kind, or appraisal—and oversee the final division or sale of the property.


This process can be contested, especially if the co-owners disagree on valuation, ownership percentages, or how expenses were handled. Having a legal advocate helps ensure your rights are protected throughout the proceedings.


Why Legal Representation Matters

Partition actions can quickly become complex, especially when emotions or financial disagreements are involved. At Joshi Law Group, we help clients approach these matters with a clear strategy, from filing to resolution. We represent property owners throughout San Diego who want to resolve co-ownership conflicts fairly, efficiently, and with the least disruption possible.


Our approach is thorough, communicative, and tailored to the unique challenges each client faces. We help ensure that your interests are fully represented—whether you're seeking a sale, buyout, or division of the property.


Talk to a Partition Attorney in San Diego Today

If you're facing a dispute with a co-owner and aren’t sure what to do next, a partition action might be the right path forward. The sooner you understand your legal options, the better positioned you'll be to resolve the situation on your terms.



Call Joshi Law Group at 619-332-2784 or visit www.joshilawgroup.com to schedule your consultation.

Let’s help you move forward—confidently and legally.

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