Detailed Answer

This guide explains, in plain language, how a person with an ownership interest in a California home can pursue a court-ordered partition (a forced sale) or seek a court-ordered buyout of other owners’ shares. It covers the typical steps, important legal concepts, and special situations you are likely to encounter.

1. Who can start a partition action?

Only someone who actually holds an ownership interest in the property can file for partition. Typical owners include:

• Tenants in common (each owner has a separate, divisible share).
• Joint tenants (each owner has an equal right to possession; partition actions are still available).
• Heirs or beneficiaries who hold title after a parent’s death or who have been issued title through probate or by deed.

If the house is still titled only in your parents’ names and they are living, you generally cannot force a sale or buyout because you are not an owner. If a parent has died, you must confirm whether title has passed to heirs, been transferred through probate, or is held in a trust—because ownership determines who can file. To check title, obtain a copy of the recorded deed from the county recorder or run a title search.

2. The legal basis for partition in California

California law gives owners of real property the right to bring a partition action in superior court. See California Code of Civil Procedure section 872.010 for the statutory right to maintain a partition action: CCP §872.010. The court can divide the property physically (“partition in kind”) when reasonable, or, if that is impractical, order a sale and divide proceeds among the owners.

3. Typical step-by-step process

1. Confirm ownership and title status. Obtain the deed(s) and check whether the property is in your parents’ sole name, held jointly, owned by heirs, or held in a trust. If in a trust, the trustee typically controls transfers and sales.
2. Try to resolve the issue without court. Courts favor settlement. Send a written demand proposing a sale or a buyout (include a suggested method for valuing the home, such as appraisal). Consider mediation or neutral appraisal to reach an agreement—this is faster and cheaper than litigation.
3. Retain a lawyer experienced in real property/partition. Partition actions involve specific procedural rules, valuation issues, accounting for expenses, mortgage payments, rents, and liens. An attorney can prepare and file the complaint correctly, protect your rights, and help with settlement negotiations.
4. File a complaint for partition in the Superior Court where the property is located. The complaint names all co-owners and known lienholders (mortgage holders, judgment creditors). The complaint will request either partition in kind or a sale and an accounting for contributions, rents, and liens.
5. Service of process. All defendants (co-owners and lienholders) must be properly served with the complaint and summons.
6. Court appointments and discovery. The court typically orders appraisal(s) and may appoint a referee or commissioner to examine the property and report back. Parties exchange documents and evidence about contributions, improvements, mortgage payments, rents, and encumbrances.
7. Partition in kind vs. sale. The court will consider whether the property can be divided fairly (partition in kind). If division would be impractical or inequitable, the court will order a sale. Courts generally prefer partition in kind when practicable but will order sale when necessary.
8. Buyout option. A co-owner can offer to purchase the other owners’ interests — either before litigation (preferred) or during litigation. The court or appointed appraiser(s) will value the property. If a co-owner buys out others, the buyer pays the fair share (after accounting adjustments). The court may also structure a buyout through the partition process if parties agree or if the court orders it as part of resolving the action.
9. Sale procedure and distribution. If the court orders sale, it will supervise the sale process (public auction or court-authorized private sale), pay off liens and costs, make required adjustments (mortgage payments, taxes, repairs, rents), and distribute net proceeds among owners according to their shares and any court-ordered credits/debits.
10. Judgment and recording. The court enters a final judgment and order. The judgment is recorded so title reflects the sale or changed ownership.

4. What the court considers in dividing value

The court’s accounting will typically include:

• Each owner’s fractional interest (usually equal shares unless a deed says otherwise).
• Payments made by owners for mortgages, taxes, insurance, repairs, and improvements.
• Rents collected or lost rental income if one owner excluded another from possession.
• Liens, mortgages, and sale costs.

The court will credit or charge owners accordingly before distributing proceeds.

5. Timing and cost expectations

Partition litigation can take many months and sometimes over a year depending on complexity, court schedules, appraisals, and discovery. Costs include court filing fees, service, appraisal and referee fees, title and escrow charges if the property sells, and attorney fees. Partition actions can be expensive; that is why settlement and buyout offers are often the best practical route.

6. Special situations

• Parents still alive and title in parents’ names: You are not an owner; you cannot force sale. If you believe the property should be transferred (for example, because of promises or fraud), you may need other legal remedies (e.g., claims based on deed transfers, conservatorship issues, or elder financial abuse) — consult an attorney for those facts.
• Property in a trust: If the house is held in a living trust, the trustee controls distribution and sale according to the trust terms. Trustees have fiduciary duties; beneficiaries should request accountings and may seek court intervention if the trustee refuses to act appropriately.
• Mortgage or lien on the property: A mortgage or lien must be paid at sale from the sale proceeds. Lienholders get notice and are parties to the partition action.
• Joint tenancy vs. tenancy in common: Joint tenants have equal right to possession. If title is joint tenancy, there may be additional steps to sever joint tenancy or otherwise address survivorship rights. A partition action can still be used to divide interests.

7. Where to file and statutory reference

Partition actions are filed in the California Superior Court in the county where the real property is located. You can locate the correct court at the California Courts website: Find your superior court (courts.ca.gov). The statutory right to bring a partition action is in the California Code of Civil Procedure: CCP §872.010 (and following sections govern the partition procedure).

Helpful Hints

• Confirm legal ownership before taking any steps. Get a copy of the recorded deed from the county recorder or an online title search.
• Try negotiation or mediation first — it is faster, cheaper, and preserves family relationships where possible.
• Get a professional, independent appraisal early if you plan to propose a buyout or to document value for the court.
• Gather documentation: deeds, mortgage statements, tax bills, receipts for improvements and repairs, rent records, and any written agreements among owners.
• Expect the court to require notice to all owners and lienholders — identify and include everyone in the litigation to avoid delays.
• If you are on a tight budget, ask the court clerk about fee waivers or reduced fees. Legal aid or low-cost private attorneys may be available in your county.
• Be realistic about costs. Partition litigation can consume a substantial portion of the property’s equity in fees and expenses; a negotiated buyout may preserve more value for everyone.
• Consider temporary arrangements (buyout payment plans, sale listing with agreed terms) while litigation is pending to reduce carrying costs.