Detailed Answer

Overview of the legal framework

California law governs judicial partition of real property through the Code of Civil Procedure, Chapter 5 (Partition of Real Property). That chapter explains how courts decide between a partition in kind (dividing the land) and a partition by sale, how sales are conducted, and how settlements among co-owners can be handled. For the statutory framework, see the California Code of Civil Procedure, Partition of Real Property: Cal. Code Civ. Proc., Chapter 5.

When a partition action is pending, you can often avoid a court-ordered public sale by negotiating a private buyout of the other co-owners. Courts generally approve private settlements and buyouts that are fair and do not prejudice creditors or other interested parties. Below are practical, step-by-step actions to take if you want to make an offer to buy out co-owners before the court orders a sale.

Step 1 — Confirm the case status and your goals

Check the court file or ask the court clerk whether a referee or commissioner has been appointed, whether a sale date is set, and whether there are pending sale motions. Knowing the timeline is critical.
Decide whether you want to buy the other owners’ ownership interest(s) outright, buy the whole property and hold title alone, or negotiate some other allocation (for example, one party takes the property and reimburses others).

Step 2 — Establish a reliable value

Order an independent, licensed appraisal to establish a defensible market value. If appraisal cost is a concern, consider a broker price opinion as a preliminary step but rely on a formal appraisal for settlement negotiations.
Get a current title report and payoff figures for mortgages, liens, taxes, and assessments. These affect net equity and therefore any buyout number.

Step 3 — Calculate an appropriate buyout price

Common approaches include:

Simple pro rata share of market equity: (Market value minus encumbrances) × your co-owner’s percentage interest.
Adjusted share: account for unequal contributions, improvements, rents or profits paid to some co-owners, or other equitable adjustments (document and explain adjustments in writing).
Offer a premium or discount depending on speed and certainty—co-owners often accept a below-market payment for a quick, cash-out settlement, or they may demand a premium to avoid court delay risk.

Step 4 — Prepare a clear, written offer

Draft a written purchase offer or term sheet that states price, which interests are being purchased, closing date, funding source (proof of funds or loan contingency), allocation of closing costs, who will pay liens and taxes, and any contingencies (inspections, title clearance, court approval if required).
Include an expiration date for the offer and how acceptance must be communicated (e.g., written signature delivered by email and hard copy, or through counsel).
Deliver the offer to each co-owner and their counsel (if known) and keep proof of service (certified mail, e-mail with read receipts, or personal service).

Step 5 — Work with the court and file necessary papers

If the partition action is pending, notify your attorney (or file yourself if unrepresented) and consider submitting a stipulated dismissal or settlement to the court once all parties sign the buyout agreement. Courts typically accept stipulations that resolve the case or dismiss the action as to settling parties.
If a judicial sale process has already started (referee/commissioner appointed or sale scheduled), you can still present a proposed settlement or private sale for the court’s approval. Courts may require notice to all interested parties and creditors. If the court has set a public sale, you may need to coordinate with the referee or commissioner and ask the court to vacate the sale date pending approval of your settlement.
Because local practice varies, confirm with the court clerk or consult a lawyer about required filings and whether the court needs a proposed judgment or stipulation to approve the private buyout.

Step 6 — Close the transaction correctly

Use escrow and a licensed title company to handle payoffs, lien releases, and recording deeds. This reduces later disputes.
If the court must approve the settlement, present proof of closing or an agreed judgment entry for the court to sign that confirms the transfer and releases claims.

What if co-owners refuse the offer?

If co-owners decline, the partition action will typically proceed. The court may order an in-kind division if practicable, or a sale. If the court orders a sale, co-owners sometimes are allowed to purchase at the sale or make an offer to the referee/commissioner. If you still want ownership, be prepared to bid at the court-ordered sale or continue negotiations.

Practical considerations and common complications

Encumbrances and liens: a buyout must address mortgages, mechanic’s liens, tax liens and other encumbrances. Lenders may need to approve assuming or refinancing a mortgage.
Tenants and income: rental agreements, security deposits and tenant rights can affect value and transfer timing.
Tax consequences: a buyout can trigger capital gains, transfer taxes, or reassessments. Consult a tax advisor.
Unequal contributions and claims: other co-owners may assert reimbursement claims for payments they made (mortgage payments, improvements). Anticipate and document any claimed offsets.

Hypothetical example

Suppose three co-owners own a house (each 1/3). An appraisal values the home at $600,000. Liens total $100,000, producing net equity of $500,000. Your one-third share equals roughly $166,667. You offer $160,000 cash to each co-owner for their one-third share (or negotiate to buy both co-owners’ shares for $320,000). You include proof of funds, propose a 30-day closing, and agree to pay escrow and half of closing costs. You submit the offer to the parties and their counsel and ask the court to accept the settlement (and dismiss the action) if they sign. If both co-owners accept, you close in escrow, record a deed, and file the settlement with the court to conclude the partition action.

When to get legal help

Partition proceedings can be procedurally complex. If the case is active, you should strongly consider hiring a California real property attorney to:

Draft the purchase terms and settlement agreement to avoid later claims.
Make any required court filings, request the court to vacate a sale date, or present the proposed settlement to a referee/commissioner.
Coordinate title, escrow, lien payoff and recording.

Helpful Hints

Start with an appraisal and a title report—these drive negotiation and eliminate surprises.
Get proof of funds or a loan commitment before making a firm offer.
Put all offers in writing and keep records of service to co-owners and counsel.
Propose a short acceptance window to create urgency and avoid delays.
Use escrow and title services to document payoffs and the deed exchange.
Consider mediation if co-owners resist; judges often favor settlements reached by mediation.
Confirm local court procedures early—some courts require specific language or additional notices for settlements in pending partition cases.
Anticipate tax consequences and consult a tax professional about capital gains or property tax reassessment.
If a sale process has started, contact the referee/commissioner and court clerk right away—timing matters.

Disclaimer: This article explains general California law and practical steps to offer a buyout in a partition case. It is for educational purposes only and is not legal advice. Laws and court procedures change, and facts matter. Consult a licensed California attorney for advice about your specific situation.