Detailed Answer: Partition Actions Under California Law
Partition allows joint property owners to divide an asset either physically (partition in kind) or by selling it and splitting the proceeds (partition by sale). In California, co-owners use a court-supervised partition action under California Code of Civil Procedure §§ 872.210–875.700.
To begin, a co-owner files a complaint in superior court identifying the property and each party’s ownership interest. See CCP § 872.210. The court serves all co-owners and lienholders and schedules a partition hearing.
When a Co-Owner Can Force a Sale
At the hearing, the court evaluates whether physical division would “result in great prejudice” to any owner. If so, the court may order a sale of the entire property. See CCP § 874.020. A referee or commissioner conducts the sale—typically a public auction or approved private sale.
How the Process Works
- File Complaint: Initiate the partition action (CCP § 872.210).
- Serve Parties: Notify all co-owners, lienholders, and interested parties.
- Partition Hearing: Present evidence on feasibility of physical division (CCP § 873.620).
- Court Order: Decide on partition in kind or order sale (CCP § 874.020).
- Sale of Property: Conduct sale under court supervision.
- Distribution of Proceeds: Deduct liens, taxes, and costs, then distribute net proceeds by ownership share (CCP § 875.700).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Helpful Hints
- Gather and review all title and deed documents before filing.
- Obtain a professional appraisal to support arguments on fair division.
- Consider a negotiated buyout to avoid a forced sale.
- Budget for court costs, appraisal fees, and commissioner charges.
- Understand that partition proceedings can take several months to resolve.
- Seek legal counsel to navigate procedural requirements and deadlines.