Short answer

In California the court will try to divide land fairly, not necessarily by equal acreage. The preference is a partition in kind (physically dividing the land) when that is practical. If physical division would be impractical or unfair, the court can order a sale and divide the proceeds. When parcels differ in value the court can: (1) adjust boundaries so each owner receives an equal value share, (2) require payment (an equalizing money award sometimes called “owelty” in other jurisdictions) from a co‑owner who gets the more valuable portion, or (3) order sale and divide proceeds. The statutory rules and procedures for partition actions are found in the California Code of Civil Procedure (partition statutes begin at CCP § 872.010 and following).

California Code of Civil Procedure § 872.010 et seq.

Detailed answer — how courts divide land when quality differs

1. Two basic outcomes: partition in kind or partition by sale

California courts start by asking whether the property can be physically divided among the co‑owners without materially prejudicing any owner’s interest. If it can, the court will favor a partition in kind — each owner gets a defined portion of the real property. If a fair division by area is impossible or would be unfair (for example, one owner would end up with entirely useless or inaccessible land), the court may order a sale of the whole parcel and divide the money.

2. When acreage is unequal in quality, the court equalizes by value, not by acres

Because acres can have very different values, California courts focus on equalizing monetary value. The court may:

• Divide the land so that each owner receives a distinct tract that is approximately equal in market value (not in acreage), or
• Award money from one co‑owner to another to make the division fair — for example, if Owner A takes the richer 40 acres and Owner B takes 60 poorer acres, Owner A may pay Owner B the difference in value so each ends up with equal shares, or
• Order sale of the entire property and distribute the proceeds according to the owners’ interests if a fair in‑kind division is not practical.

3. How the court decides the value and division

Common steps the court and parties use:

1. Appraisals — the court will usually rely on one or more appraisals to establish current market value for different parts of the parcel.
2. Survey and map — a surveyor or referee may prepare maps that show proposed divisions and acreage; these maps can be used to propose in‑kind divisions with roughly equal value.
3. Commissioner or referee — the court often appoints a referee or commissioner to recommend or carry out a division or oversee sale and distribution of proceeds.
4. Owelty/equalizing payments — money adjustments (payments from the party receiving the more valuable land to the other parties) equalize values. In practice, the court will compute how much money is needed to make each owner’s resulting share equal in value and order payment or lien to secure it.

4. Practical examples (hypothetical facts)

Example A — Division by value: Three siblings co‑own 100 acres. 60 acres are irrigated and highly productive; 40 acres are steep rock and worth much less. A partition in kind is possible. The court orders the irrigated parcel split so that each sibling gets land with equal appraised value. To smooth division, one sibling receives slightly fewer acres of irrigated land but pays an equalizing cash amount to the others.

Example B — Sale is ordered: Two neighbors co‑own a canyon parcel that cannot be divided without cutting off access and destroying value. The court orders sale at public auction or private sale and directs distribution of net proceeds according to ownership shares after costs, liens, and any equalizing payments.

5. What the court cannot do

The court will not create value out of nothing — its goal is an equitable division. It cannot impose arbitrary favoritism; it must follow the owners’ relative interests and the evidence of value. The court also must consider liens, mortgages, and other encumbrances before distributing proceeds.

6. Where the law explains the process

Partition procedure and the power to divide or sell property are in the California Code of Civil Procedure (the statutory partition provisions begin at CCP § 872.010 and continue through the partition statutes). Those statutes set out procedures for filing a partition action, appointing referees, ordering sale, and distributing proceeds. See: CCP § 872.010 et seq.

Helpful hints — steps to take if you’re involved in a partition where acres differ in quality

• Get a professional appraisal early. Accurate, up‑to‑date valuations of different tracts drive fair divisions or equalizing payments.
• Order a legal survey and proposed division maps. A surveyor can prepare feasible parcel maps to show how an in‑kind division might work.
• Collect title documents, liens, mortgages, and any easements or access issues before court proceedings start. These affect what can be divided and how proceeds are allocated.
• Negotiate among co‑owners. Parties often reach a private agreement that allocates different quality acres with agreed cash adjustments — courts often approve such agreements because they avoid litigation cost and uncertainty.
• Consider tax consequences. Exchanging land parcels and receiving equalizing payments can have tax effects — consult a tax advisor or attorney.
• Be prepared for commission/referee costs and sale expenses. If the court orders sale, costs are deducted before proceeds are divided.
• Hire a California attorney experienced in partition actions if the parties cannot agree. A lawyer can help with appraisals, settlement negotiations, and representing your interest at hearing.

Next steps and resources

If you own an interest in property that could be partitioned, gather title papers, any written agreements among owners, recent tax assessments, and a map of the parcel. If possible, get an independent appraisal and survey. Talk to an attorney licensed in California who handles partition actions for detailed advice tailored to your situation.

Statute reference: See the California partition statutes (Code of Civil Procedure) starting at CCP § 872.010 et seq. for procedural rules for bringing a partition action, appointment of referees, sale procedures, and distribution of proceeds.