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A partition action refers to a legal process enabling co-owners of real estate to either divide or sell a property when there is a lack of consensus regarding its use, management, or disposition. In California, this process is regulated by the California Code of Civil Procedure (CCP) Sections 872.010–874.240.

Partition actions are usually undertaken when:

  • Co-owners cannot decide whether to sell or keep the property.
  • Disputes concerning an estate or inheritance emerge among heirs.
  • One or more co-owners seek to liquidate their share in the property.

 

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Types of Partition Actions in California

  1. Partition in Kind
    This method involves the physical division of the property among the co-owners. It is typically used for larger tracts of land, including agricultural or undeveloped properties.
  2. Partition by Sale
    In this method, the property is sold, and the resulting proceeds are allocated to the co-owners based on their respective ownership shares.
  3. Partition by Appraisal
    In this case, one co-owner purchases the interests of the others at a price established through an appraisal. While this approach is less frequent, it can be negotiated to circumvent the need for court intervention.

 

Key Steps in a Partition Action

  • Filing the Complaint
    A co-owner initiates the process by filing a complaint in the relevant California Superior Court. This complaint must specify the property in question, the respective ownership stakes, and the desired partition method.
  • Court Evaluation
    The court examines the case, taking into account all evidence related to the property and the ownership interests involved.
  • Appointment of a Referee
    A referee, typically a real estate expert, may be designated to manage the proceedings, assess property value, and facilitate an equitable division or sale.
  • Resolution
    The court issues a partition order, which may result in the physical division of the property, its sale, or the buy-out of the plaintiff’s interest by the defendant.

 
If you are struggling with the partition action or require assistance with estate planning, we are available to support you. Please reach out to us for a consultation by clicking here, and allow us to guide you throughout the entire process.

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