Detailed Answer

Short answer: Under California law, a co-owner of real property (including family members who own property together) can ask a court to force a sale by filing a partition action. The court will decide whether to physically divide the property (partition in kind) or order a sale and divide the proceeds. Courts prefer division in kind when practical but will order a sale when division would be impractical or would unfairly diminish value.

How this works under California law

California’s rules for partition actions are in the Code of Civil Procedure (Chapter 5). Any co-owner of real property—whether the owners are tenants in common or joint tenants—may file a partition lawsuit to divide the property or force a sale. See California Code of Civil Procedure, Partition (Chapter 5): https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=3.&title=3.&part=2.&chapter=5.

Who can force a sale?

Any co-owner on title may seek a court-ordered partition. That includes family members who hold ownership interests, unless there is a controlling agreement (for example, a written buy-sell or trust document) that limits or changes those rights. If title says “joint tenants” or “tenants in common,” those owners generally have the right to bring a partition action.

Partition in kind vs. partition by sale

Partition in kind: The court divides the physical property among the owners. This is preferred when the land can be fairly split without major loss of value.
Partition by sale: If dividing the property would be impracticable or would significantly reduce value (for example, a single-family home that cannot be divided into separate dwellings), the court can order sale and distribute proceeds after costs, liens, and any unequal ownership shares are accounted for.

Typical court process and timeline

One co-owner files a partition complaint in superior court naming all co-owners and interested parties (e.g., lienholders).
The court notifies parties and may require an accounting of ownership interests, liens, mortgages, and property condition.
The court often appoints a referee or commissioner to examine the property, prepare a map, and report on whether partition in kind is feasible and, if not, recommend sale procedures.
If the court orders sale, it will set terms for sale (public auction or private sale), confirm the sale, and direct distribution of proceeds based on ownership shares and any encumbrances.
Time to resolution varies: many cases take several months to over a year depending on complexity, disputes, and court calendar.

Costs and financial consequences

Partition actions can be expensive. Court costs, attorney fees (in some cases), appraisal and referee fees, and sale costs (broker commissions, repairs, escrow fees) come out of the proceeds before distribution. Sometimes the cost of litigation and sale reduces each co-owner’s net recovery.

Common complications

If the property is in a trust, the trustee’s powers and the trust terms may affect or override a partition action.
Existing mortgages, liens, or tax obligations must be paid from sale proceeds or otherwise addressed by the court.
Family disagreements can prolong litigation; courts will not resolve emotional disputes, only legal rights in the property.
Bankruptcy by a co-owner can delay or affect a partition sale.

Alternatives to a court-ordered sale

Because partition litigation is costly and adversarial, consider these options first:

Negotiate a buyout: an interested co-owner buys out others at a negotiated price or appraisal-based price.
Agree to sell privately and split proceeds: co-owners can list the property and sell by mutual consent.
Mediation or family meeting: neutral mediation can produce a settlement that avoids court fees.
Partition by agreement: parties can agree ahead of time how to split proceeds or physical property and file a stipulation with the court.

When to contact an attorney

Talk to a real estate or civil-litigation attorney if:

Co-owners cannot reach an agreement and you consider filing a partition action.
There are complicated liens, trust issues, or potential defenses.
You want to explore a buyout, valuation disputes, or allocation of costs.

Practical next steps

Check title to confirm how the owners hold title (grant deed, deed of trust, joint tenancy, tenants in common).
Get a market valuation or appraisal to understand likely sale value or buyout price.
Discuss mediation or buyout proposals with other owners before filing suit.
If filing is necessary, an attorney can prepare and file the partition complaint and guide you through court procedures.

Helpful Links

California Code of Civil Procedure – Partition (Chapter 5): https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=3.&title=3.&part=2.&chapter=5

Disclaimer: This information is educational only and is not legal advice. It summarizes general California law and common practices. Your facts may change the outcome. Consult a licensed California attorney to get specific legal advice about your situation.

Helpful Hints

Before filing suit, confirm who is on the deed and whether any written agreements or trusts affect ownership.
Obtain at least one professional appraisal to support valuation and buyout discussions.
Consider mediation—courts often expect parties to try alternative dispute resolution before lengthy litigation.
Keep careful records of any payments, contributions toward mortgage, taxes, or repairs—these can affect distribution of proceeds.
If you’re a borrower or lienholder, address mortgages or liens early so the court can account for them in any sale.
Be realistic about costs. Litigation and sale expenses often reduce net proceeds substantially.