Updated on May 12, 2025
Owning real estate with others can be beneficial, but when disputes arise, co-owners may find themselves at an impasse. When disagreements over selling, maintaining, or using a property cannot be resolved, a partition action may be necessary. A partition action is a legal process used to divide or sell a jointly owned property when co-owners cannot agree on its disposition. In such cases, a partition attorney plays a crucial role in guiding clients through the legal complexities and ensuring a fair resolution.
What Is a Partition Action?
A partition action is a lawsuit filed by one or more co-owners seeking to sever their ownership interest in a property. This legal remedy is often used when one party wants to sell the property, but the others refuse. In California, partition actions can result in either a physical division of the property (rare in urban areas) or a forced sale, with the proceeds distributed among the owners. We always recommend trying to work out a deal before filing a partition action – but sometimes the parties are at an impasse and they need the court’s help.
The Job of a Partition Attorney
A partition attorney specializes in real estate disputes involving co-owners. Unlike general transactional real estate attorneys, partition attorneys focus specifically on resolving these conflicts through litigation or negotiation. Our expertise ensures that clients achieve a fair and legally sound resolution. The key steps a partition attorney follows include evaluating ownership interests by reviewing deeds, title reports, mortgage statements, and tax records to establish each party’s stake in the property and their reimbursement rights. We then attempt to negotiate an agreement between co-owners to avoid litigation, exploring buyout options, voluntary sales, and settlement agreements. If negotiations fail, Schorr Law can file a partition complaint in court, outlining the ownership dispute and request judicial intervention. Throughout the litigation process, Schorr Law’s partition attorneys represent our clients in court while also exploring settlement options, ensuring that all legal requirements are met. If necessary, we can often secure an interlocutory judgment ordering a sale of the property and distribute proceeds fairly, often working with a court-appointed referee to oversee the sale process. Finally, they resolve financial claims related to reimbursements for improvements, mortgage payments, or other contributions, ensuring that each co-owner receives fair compensation. The accounting part of a partition action is often the most contentious as parties often disagree about reimbursements, money spent an who gets what at the time of the ultimate sale.
Case Examples
Beverly Hills Case:
In a high-value Beverly Hills property dispute, two siblings inherited a luxury estate but could not agree on its future. One wanted to sell, while the other wished to keep it. A partition attorney can successfully secure a court-ordered sale, ensuring equitable distribution of proceeds while mitigating family tensions. Moreover, California recently added the Partition Heirs Act, which has new rules designed to streamline the partition buy out process for inherited property. These rules could apply to heirs who inherit property but cannot agree on the disposition of the property.
Santa Monica Case:
In Santa Monica, two business partners co-owned a rental property but disagreed on its management. One partner sought a partition sale, arguing that the other had neglected maintenance. With the help of a partition attorney, the court can order a sale, allowing both parties to receive their rightful shares and reinvest in separate ventures.
How Do Partition Attorneys Ensure Success?
Schorr Law’s partition attorneys ensure success by leveraging their deep understanding of California partition laws, negotiation skills, and strategic litigation tactics. We work to secure fair property valuations, appointing professionals when necessary to assess the market value and maximize sales proceeds. We also have connections with real estate agents and brokers and appraisers to help access the property value and help handle the ultimate sale transaction. Many of our cases go to mediation where we aim tominimize litigation costs by fostering settlements before final court intervention. Additionally, we help gather key documents from their clients, such as ownership records, financial statements, and communication records with co-owners, to build a strong case. By ensuring all legal procedures are followed and advocating for their client’s financial interests, we work to achieve favorable resolutions with minimal disruption.
At Schorr Law, what we often do when the accounting is difficult, we bring in bookkeepers or accountants to help organize and analyze the parties’ contributions “for the common benefit” of the property. This allows us to accurately determine the reimbursement rights and, if necessary, prepare powerful exhibits and spreadsheets to present the information in a digestible manner at trial.
When Should You Contact a Partition Attorney?
If you are a co-owner facing disputes over a property’s use, sale, or expenses, consulting a partition attorney early can prevent prolonged conflicts. If negotiations with other owners fail or you face opposition in selling or dividing a property, legal intervention may be the best course of action.
Contact Schorr Law for Partition Disputes in Los Angeles
At Schorr Law, our experienced Los Angeles-based real estate attorneys specialize in partition actions, helping clients navigate complex co-ownership disputes. Call us today at 310-954-1877 or reach out via our contact link to schedule a consultation and protect your property rights. We have done well over 100 of these disputes. We know how to get to the heart of the dispute and often have creative ideas on how to resolve these disputes or attack them different than other law firms.