Updated on May 21, 2026
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 First
Before filing a lawsuit, we tried to resolve it without going to court. Instead of jumping straight into 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.
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.The Problem
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.Why Partition Becomes Necessary
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.
Final Takeaway
Inherited property disputes between siblings are common. These are so common that Californai actually changed the law and created a whole new sub-category of partition disputes involving inherited property – it is called the Uniform Partition of Heirs Property Act, which came about in 2022.
\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 a Similar Situation in Calabasas, Los Angeles County or in California Generally?
If you inherited property and cannot agree with a co-owner on what to do next, 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)
Q: What happens if siblings inherit a property and cannot agree on selling it?
A: In California, if 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.
Q: Can one sibling force the sale of inherited property in California?
A: Yes. California law generally allows any co-owner to seek a court-ordered sale through a partition action, even if another sibling refuses to cooperate.
Q: What is a partition action?
A: 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.
Q: What is the Uniform Partition of Heirs Property Act?
A: The Uniform Partition of Heirs Property Act (UPHPA), adopted in California in 2022, provides additional protections and procedures for inherited property disputes involving family-owned real estate.
Q: Can inherited property disputes be resolved without going to court?
A: Sometimes. Co-owners may be able to agree on sale terms, broker selection, pricing, and timelines through negotiation. However, if cooperation breaks down, litigation is often necessary.
Q: What if one sibling is living in the inherited property?
A: 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.
Q: How are proceeds divided after a partition sale?
A: Sale proceeds are typically divided according to ownership percentages, though courts may also account for expenses paid, rental income received, or unequal contributions to the property.
Q: How long does a California partition action take?
A: The timeline depends on the complexity of the dispute, cooperation between parties, and court schedules. Some cases resolve quickly through settlement, while others may take significantly 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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