How to Start a Partition Action in California When a Co-Owner Refuses to Agree

Disclaimer: I am not a lawyer. This is general information about California law and is not legal advice. Consult a licensed California attorney about your specific situation.

Detailed Answer — Step-by-step guide under California law

When one co-owner refuses to agree to sell or divide real property, the usual legal remedy is a partition action. California law allows an owner of an estate in real property to file a partition action to force division or sale. The statutory framework for partition actions is found in the California Code of Civil Procedure (Code of Civ. Proc.) section 872.010 et seq. (see: Code of Civ. Proc. § 872.010).

Below are practical steps to start and pursue a partition action in California when a co-owner refuses to cooperate.

1. Confirm ownership, interests, and property location

Get the recorded deed and any title report or preliminary title report. Identify how you own the property (tenancy in common, joint tenancy, community property). The county where the property is located determines which Superior Court will hear the case. Verify mortgages, liens, and easements on the property, because these affect sale proceeds and whether in-kind division is possible.

2. Try informal resolution first (recommended)

Before filing suit, attempt to resolve the dispute. Offer a buyout, mediation, or mutually acceptable sale plan. Courts prefer parties to settle when possible, and trying to resolve the issue can save time and money.

3. Hire a California attorney (strongly recommended)

Partition actions involve court pleadings, service rules, property valuation, and sometimes complex allocation of liens and expenses. An attorney familiar with California partition law can draft the complaint, represent you at hearings, and protect your financial interests.

4. Prepare and file a complaint for partition

The plaintiff (the owner who files) usually files a Complaint for Partition in the Superior Court of the county where the property is located. The complaint should:

Identify the property and show proof of your ownership interest.
Name all co-owners and any parties with recorded interests (mortgage holders, judgment lienholders, tenants).
Allege each party’s respective interest in the property and request partition in kind (division of the property) or partition by sale if division in kind is not practical.
Ask the court to order a sale and distribution of proceeds if an in-kind partition is impractical, and to appoint a referee/commissioner if necessary.

The complaint must follow California pleading and formatting rules and be accompanied by required filing forms and fees (or a fee waiver application if you qualify).

5. Serve the defendants (other co-owners and lienholders)

After filing, you must serve the complaint and summons on each named defendant according to California service rules. Proper service is required to give the court authority over the parties. If a defendant cannot be found, service by publication or substituted service may be an option under strict statutory procedures.

6. Requests the court to preserve property value and handle interim issues

You can ask the court for temporary relief to preserve the property’s value. Typical interim requests include appointment of a receiver to collect rents, injunctions to prevent waste or unauthorized sales, orders requiring the other co-owner to pay necessary expenses (taxes, insurance), or an accounting for rents and profits.

7. Valuation and determination whether partition in kind is practicable

If the court or the parties seek partition in kind (physically dividing the property), the court must determine whether it is practicable. If infeasible due to the parcel’s size, zoning, or nature, the court will order sale. The court commonly appoints a referee, commissioner, or court-appointed appraiser to value the property and manage the sale process.

8. Sale and distribution of proceeds

If the court orders a sale, it will supervise or authorize procedures (public auction or private sale subject to court approval). Sale costs, outstanding liens, mortgage payoffs, and statutory costs are paid from sale proceeds. Net proceeds are divided among owners according to their respective interests, after adjustments for advances, contributions for taxes/repairs, and court-ordered credits.

9. Final judgment and conveyance

After sale or division, the court enters a final judgment of partition. The judgment directs the distribution of proceeds or the conveyance of divided parcels to the parties. The judgment is recorded to clear title as necessary.

Timing, costs, and possible outcomes

Timelines vary. A straightforward partition by sale can take many months. Complex cases with contested valuations, multiple lienholders, or occupancy disputes can take a year or more. Costs include court filing fees, attorney fees, appraisal/referee fees, sale costs, and possibly receivership costs. California law allows the court to apportion some costs and fees against sale proceeds, but typically each side pays their attorney unless a statute or contract provides otherwise.

Key statutory reference

Partition actions are governed by the California Code of Civil Procedure sections beginning at 872.010. See: Code of Civil Procedure § 872.010 (and following sections).

Example (hypothetical)

Suppose you and a cousin own a vacation home as tenants in common in a California county. Your cousin refuses to sell. You obtain the deed, a preliminary title report, and attempt to negotiate a buyout. When that fails, you hire an attorney, file a Complaint for Partition in the county Superior Court where the property sits, serve your cousin and the mortgage holder, request a sale because the lot cannot be divided equitably, and ask the court to appoint a referee. The referee obtains an appraisal and supervises a court-approved sale. After the sale, the court orders payoff of the mortgage and sale costs, then divides the net proceeds according to your ownership shares, with credits for any agreed-upon expenses.

Helpful Hints

Gather documents before you file: recorded deed(s), title or escrow reports, mortgage statements, tax bills, insurance policies, and records of payments for improvements or expenses.
Identify all interested parties: any mortgagees, judgment lienholders, tenants in possession, and anyone listed on title.
Consider mediation or a buyout before filing — it often saves time and money.
Keep records of payments you made for the property (mortgage, taxes, repairs) to support any claims for credits against the proceeds.
Explore a court fee waiver if you have limited income — California courts provide fee waiver forms.
Expect the court to prefer partition in kind if division is practical; be prepared to show why in-kind partition is or isn’t feasible.
If the property generates rent, ask the court to order an accounting or appointment of a receiver to collect and protect income pending final resolution.
Be realistic about costs and timeline—partition actions can be expensive and take months to resolve.
Ask your attorney about potential tax implications of a sale or transfer of your interest.

For the exact statutory text and more detail, see Code of Civil Procedure § 872.010 et seq.: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=872.010.&lawCode=CCP.

If you want, I can outline a checklist of documents to prepare or a sample timeline of what to expect after filing a complaint for partition in the county where the property is located.