Inherited Property in Calabasas: Sibling Dispute Over Sale
This was a case we handled in Calabasas involving a brother and sister who inherited a home together. The situation was straightforward at first. They both owned the property. The issue was what to do with it. The brother wanted to sell and access his share. The sister did not want to sell and was holding things up.
That is where we got involved.
What We Did Before Filing a Partition Action?
Before filing a lawsuit, we tried to resolve it without going to court. Instead of jumping straight into filing a partition action, we worked on putting a structure in place for a sale. The goal was to avoid unnecessary litigation and keep control over the process.
In inherited property disputes, this type of early structure can help co-owners address sale terms before the dispute becomes a court-supervised partition case.
We focused on setting clear terms around:
- Broker selection
- Listing price
- How offers would be handled
- Timing of the sale
- What to do if the parties could not reach an agreement regarding responding to offers or dealing with the sale during escrow.
This type of agreement can work if both sides are willing to cooperate.
Why the Inherited Property Sale Became Stuck?
Even with that structure in place, the core issue remained. One party wanted to move forward. The other did not. That kind of deadlock is common in inherited property cases. Without agreement, nothing happens.
When siblings inherit real estate together, equal ownership rights do not always mean equal goals. One co-owner may want liquidity, while the other may want to keep control of the property.
Why Partition Becomes Necessary in Sibling Property Disputes?
At a certain point, there are only two options. Either both sides agree, or the court gets involved. When that happens, a partition action allows one co-owner to move things forward.
It can:
- Force the sale of the property
- Prevent one party from blocking the process
- Ensure the proceeds are divided fairly
Without that, the property can sit unresolved indefinitely.
In this type of sibling inheritance dispute, partition is often the legal path that turns a stalled property situation into a sale process with court oversight.
Final Takeaway
Inherited property disputes between siblings are common. These disputes are so common that California changed its partition laws to add special procedures for inherited and family-owned property disputes. In 2022, California adopted the Uniform Partition of Heirs Property Act, and in 2023, those protections were expanded through the broader Partition of Real Property Act.
Everyone starts with equal rights, but once there is disagreement over selling, timing, or control, it becomes difficult to manage without legal action. Trying to resolve it early can save time and money, but if that fails, a partition is usually the only way forward.
Dealing With an Inherited Property Dispute in Calabasas or Los Angeles County?
If you inherited property with a sibling or another co-owner and cannot agree on whether to sell, keep, or divide the property, you do not have to stay stuck. There is a process to resolve it, but it needs to be handled strategically.
Schorr Law handles partition actions and inherited property disputes throughout Los Angeles County.
Frequently Asked Questions (FAQ)
What happens if siblings inherit a property and cannot agree on selling it?
In California, if siblings or other co-owners cannot agree on whether to sell inherited property, one owner can file a partition action asking the court to force a sale and divide the proceeds fairly.
Can one sibling force the sale of inherited property in California?
Yes. California law generally allows a co-owner to seek a court-ordered sale through a partition action, even if another sibling refuses to cooperate. This is common when inherited property cannot be managed, sold, or divided by agreement.
What is a partition action?
A partition action is a legal process used to resolve disputes between co-owners of real estate. In most cases, the court orders the property sold and distributes the proceeds based on ownership interests.
What is the Uniform Partition of Heirs Property Act?
The Uniform Partition of Heirs Property Act, adopted in California in 2022, added protections and procedures for certain inherited family property disputes. Its role was later expanded by California’s broader Partition of Real Property Act, effective in 2023.
Can inherited property disputes be resolved without going to court?
Sometimes. Co-owners may be able to agree on sale terms, broker selection, pricing, timelines, and escrow decisions through negotiation. However, if cooperation breaks down, litigation may become necessary.
What if one sibling is living in the inherited property?
A sibling living in the property does not automatically gain greater ownership rights. Courts may still order a sale if another co-owner files a successful partition action.
How are proceeds divided after a partition sale?
Sale proceeds are typically divided according to ownership percentages. Courts may also account for expenses paid, rental income received, or unequal contributions to the property.
How long does a California partition action take?
The timeline depends on the complexity of the dispute, cooperation between the parties, and court schedules. Some cases resolve through settlement, while others take longer if contested.
About the Author
Zachary D. Schorr is a California real estate litigation attorney and the founding attorney of Schorr Law. He represents clients in specific performance actions, partition lawsuits, quiet title disputes, and complex real estate litigation throughout Southern California.
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