Understanding Partition Lawsuits for Inherited Land under California Law

Short answer: If co-owners (for example, inheritors) cannot agree about what to do with real property, any co-owner can file a partition action in California superior court asking the court to divide the property physically (partition in kind) or sell it and divide the proceeds (partition by sale). The action is governed by the California Code of Civil Procedure (see Cal. Code Civ. Proc. § 872.010 et seq.). This article explains step-by-step how to start and what to expect.

Detailed Answer — Step-by-step under California law

1. Confirm ownership and co-ownership type

Before you do anything, confirm how title is held. Inherited property commonly becomes owned as tenants in common (each person has a fractional share) unless the will, trust, or deed created joint tenancy or named a single owner. A title search or a copy of the deed will show the ownership form. If title is in the decedent’s estate, coordinate with the personal representative or trustee.

2. Try negotiation and mediation first

Courts expect co-owners to try resolving disputes before filing suit. Offer a buyout, divide use, sell cooperatively, or use neutral mediation. Mediation is often faster and far cheaper than litigation.

3. Prepare for a partition action

If talks fail, gather documents: deed(s), will or trust, death certificate(s), tax bills, mortgage or lien documentation, property survey if available, and any written offers or communications about the property. Obtain an appraisal or market estimate so you understand value.

4. File a complaint for partition in superior court

In California, you start by filing a verified complaint for partition in the county where the property sits. The complaint must name all co-owners and other persons who have an interest (mortgage holders, lienholders, tenants, heirs). The court form and local rules vary by county, but the complaint will ask the court to:

Determine ownership shares,
Order a partition in kind if practicable, or a sale if partition in kind is not practicable, and
Appoint a referee to carry out the physical division or sale and to report back to the court.

Statutory framework: see Cal. Code Civ. Proc. § 872.010 and following sections for the procedures and remedies available. (See: Cal. Code Civ. Proc. § 872.010.)

5. Service and joinder of necessary parties

After filing, you must serve the complaint and summons on the named parties. The court must join all persons who claim an interest in the property. If someone cannot be found, the court can allow substituted service or provide other notice procedures so the case can proceed.

6. Court process: referee, appraisal, partition in kind vs sale

Partition law favors physical division when it is practicable and equitable. The court commonly appoints a referee (often an experienced lawyer, broker, or surveyor) to:

inspect the property,
decide whether a partition in kind is feasible,
prepare maps, and
if partition in kind is impractical, arrange a sale and report the sale price.

If the referee recommends sale, the court supervises the sale process. The referee or a court-appointed officer handles notices, bidding or private sale terms, and provides a final accounting to the court.

7. Payment of liens, costs, and division of proceeds

The court will treat mortgages, tax liens, and encumbrances according to priority. Sale proceeds go first to pay costs of sale, liens, and court-ordered costs; remaining funds are divided among co-owners according to their ownership shares. The court can also allocate costs for improvements or waste.

8. Possible outcomes and enforcement

Partition in kind: the land is divided into separate parcels for each owner (rare when dividing an urban lot or house).
Partition by sale: the property is sold and proceeds divided.
Buyout: one co-owner can buy another’s interest (often negotiated or ordered by court if someone has funds).

9. Timeline and costs

Simple partition cases may resolve in a few months if parties cooperate; contested cases commonly take 9–18 months or longer. Expenses include court filing fees, referee fees, appraisals, title work, and attorney fees if you hire counsel. Courts do not usually award attorney fees to the winning party unless a legal statute or contract provides for fees or the court finds bad faith.

Key California Statutes and Resources

Partition actions: Cal. Code Civ. Proc. § 872.010 et seq. — overview and definitions. (§ 872.010)
Procedures for partition and sale are contained in subsequent sections of the Code of Civil Procedure. For specifics about sale procedures and referees see the partition statutes following § 872.010 on the California legislative site. (California Legislative Information)
For self-help and court process information, check your county superior court’s civil division and the California Courts website (courts.ca.gov). For lawyer referrals, see the State Bar of California. (State Bar of California)

Hypothetical example (short)

Emma and Luis inherit a single-family lot as tenants in common. Emma wants to sell; Luis refuses. Emma first offers to buy Luis’s share and offers mediation; Luis declines. Emma files a partition complaint in the county where the property is located. The court appoints a referee who determines the lot cannot be fairly divided, orders a sale, pays off the mortgage, deducts sale costs, and divides the net proceeds 50/50. Emma uses her portion to pay off her share of remaining debts; Luis receives his distribution.

Helpful Hints

Document everything: written offers, correspondence, and charges against the property help in court.
Get a current title report and a professional appraisal early.
Consider mediation before filing. Courts and judges often expect reasonable attempts to settle.
Ask the court to appoint a referee if you need a quick neutral appraisal of feasibility.
Think about a buyout arrangement—often cheaper and preserves value compared with forced sale.
Check tax consequences: sale proceeds and capital gains depend on basis and how the property was held. Consult a tax professional.
Find a local attorney with experience in partition and real property litigation — use the State Bar or county bar referral services.
Be realistic about costs and timing; litigation is often more expensive and slower than negotiation.

Disclaimer: This article provides general information about California law and is not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, consult a licensed California attorney familiar with partition and probate issues.