How long does a partition action take in California?

Most cases in Southern California resolve in roughly 6–9 months, although highly contested matters can run closer to a year.

How much does a partition lawsuit usually cost?

A typical action falls in the $10,000–$30,000 range, with many mid-complexity cases clustering around $15,000 in legal and court costs.

Who ultimately pays the attorney’s fees?

California courts may order that reasonable fees be reimbursed from the sale proceeds—and can even surcharge a non-cooperative owner—so the net out-of-pocket cost is often limited.

Can a partition action be stopped once it is filed?

It’s rare, but the court may dismiss or stay the case if the objecting owner proves fraud, duress, or another narrow equitable defense; otherwise settlement or buy-out is the practical path forward.

What offsets can the court award before splitting sale proceeds?

Judges routinely credit one owner for mortgage payments, property taxes, insurance, necessary repairs, and even fair-market rent when the other owner has occupied the home without contributing.

What is a “partition by sale,” and why is it the most common remedy?

When a property cannot be divided physically—or division would reduce total value—the court orders a public or private sale and divides the net proceeds. This is known as partition by sale.

Los Angeles Partition Attorneys

California Partition Actions: What You Need to Know

When joint property owners, such as family members or co-investors, disagree, a partition action may be the only path to resolve the dispute. This legal process allows courts to divide or sell shared property and allocate the proceeds fairly among owners.

What Does It Mean to Partition Real Property in California?

A partition action is a lawsuit filed by one co‑owner of real property to force the end of co‑ownership. The court may:

Order a partition by sale (forced sale of the entire property)
Order partition in kind (physically divide the property, rare except for large or rural parcels)
Order a partition by appraisal (one co‑owner buys out the others using a valuation process). This can only be done if the parties agree, the court cannot order it absent agreement.

These options are governed by the California Code of Civil Procedure and other statutes. In addition, courts can award offsets to account for mortgage payments, taxes, repairs, insurance, and fair rent credits before dividing proceeds. In other words, there is almost always an accounting for the parties expenses for the benefit of the property that the parties undertake as part of a partition case. In fact, our partition attorneys at Schorr Law have experience with the accounting that accompanies a partition and we have taken the accounting aspect all the way through to the end, including trial.

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Types of Partition Actions

There are four primary methods of partition under California law:

Partition by Sale: The court orders the property sold, often through a referee or broker, and the proceeds are divided among the owners based on their legal interests.
Partition in Kind: The property is physically divided into parcels if possible, and each co-owner receives a separate piece of the land.
Partition by Appraisal: One party buys out the other based on a court-approved property appraisal (less commonly used unless both sides agree).
Uniform Partition of Heirs Property Act (UPHPA): For inherited property owned by multiple family members, the court may follow a specialized procedure designed to preserve generational wealth and family ownership. This process gives heirs the opportunity to buy out others before the property is listed for sale, and encourages solutions that keep the property within the family when possible.

When Partition Makes Sense — And What to Know?

When to Consider Partition

You own property with someone else who wants to sell but the other wants to keep it.
You want to buy out the other owner without putting the property on the market.
The property has significant equity after debts and expenses.
One co-owner has been making mortgage or tax payments alone.

What to Expect

The partition process generally takes over a year in Los Angeles County in straightforward cases.
Partition by appraisal may cost less in brokerage fees and reduce time. But, you will have to secure the other party’s agreement. This is not something you can force.
You’ll need accurate accounting of shared payments and contributions.
The co-owner extending extra amounts may have an equitable lien on the proceeds before they are distributed.

How Partition Actions Work in California?

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Statutory Framework – Key laws include the California Code of Civil Procedure (e.g. CCP §872.820 for partition by sale; CCP §873.910 for appraisal).

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Referees & Expert Witnesses – Partition referees may be appointed, a receiver, broker and several others to help facilitate a sale of the property. These all cost money and take away from the equity of the property prior to distribution.

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Litigation Risks – Disputes over valuation, ownership interest percentages, contribution obligations, and proof of offsets are common obstacles.

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Offsets & Accounting – Courts routinely credit co‑owners for mortgage payments, taxes, insurance, necessary repairs, and fair‑rental value when other owners are occupying the property without paying.

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Settlement & Negotiation – Many cases settle before full trial via buy‑outs or agreed sales. Early negotiation may reduce costs, preserve relationships, and yield faster resolution. At Schorr Law, we have settlement parameters and formulas that we have used to facilitate a quick resolution and to help make sure the parties do not continue to fight endlessly during the sale process.

Representative Partition Case Results

Each of the following results was achieved through Schorr Law’s proven, data-driven approach. We bring the same strategic mindset to every new partition dispute , helping heirs, ex-partners, investors, and co-owners protect their equity and exit unwanted co-tenancies throughout Southern California.

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Partition by Sale — Historic Bank Building, Downtown Ventura: Partitioning by sale a historic bank building in downtown Ventura, California.

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100 % Attorney-Fee Award, Los Angeles Superior Court: Obtaining an award of 100 % of our attorneys’ fees in a partition matter where the court found the other party had unnecessarily increased litigation costs by refusing to cooperate.

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Sibling Inheritance Dispute – Summary Judgment (≈ 7 months): Successfully obtaining summary judgment in a partition matter amongst three siblings for property they jointly inherited.

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Family Buy-Out – Partition by Appraisal:Resolving a partition case amongst family members which resulted in one family member buying out the other family member.

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10 acres of 250 Acre Ranch – Forced Sale:Forcing a sale of real property in a partition matter where our client held 10 acres within a 250-acre parcel.

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Partition + Ouster – Increased Equity Share:Successfully obtaining an increased percentage of interest in real property through a partition and ouster action involving siblings.

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Prevailing-Party Fee Recovery > Pro-Rata Share: Obtaining a prevailing-party attorney-fee award in a partition matter where our client recovered more than its proportionate share of fees.

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Defense Victory – Plaintiff Refused to Pay Costs: Winning a partition case at trial where our client was sued for partition and the plaintiff refused to pay his share of the property’s common expenses.

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Adverse Possession Conversion – 100 % Title:Successfully converting a partition action into an adverse-possession claim, allowing our client to secure 100 % ownership of a multi-million-dollar property despite originally holding only a 50 % record interest.

Our Partition Law Practice Across California

At Schorr Law, we focus exclusively on real estate disputes. Our partition practice spans the entire state of California, with deep courtroom experience and local knowledge in Los Angeles, Orange, Ventura, San Diego, Riverside, and San Bernardino Counties.

We are frequently brought in by other firms as co-counsel or lead trial counsel when a partition matter requires:

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Complex accounting

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Procedural fluency

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Strategic negotiation

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Deep experience with Los Angeles County’s partition-referee system

Whether your case involves a single-family residence, duplex, apartment complex, or raw land, we help co-owners:

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End stale co-ownership structures

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Minimize legal risk and emotional stress

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Unlock trapped equity

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Recover offsets and attorney’s fees whenever possible

Schedule a Partition Consultation

If you’re in a co-ownership situation that no longer works, whether with family, friends, or business partners , our partition attorneys can help you take control of your property rights and equity.

Call Schorr Law at (310) 954-1877

Email: info@schorr-law.com

Frequently Asked Questions (California Partition Actions)

Q1. How long does a partition action take in Los Angeles?

This all depends on whether the parties fight or agree on the sale. You can expect a few months to over a year in hotly contested cases.

Q2. What is a partition by appraisal?

In appraisal partition, instead of selling the property, one co‑owner buys out the others based on fair value determined via appraisal. This is often faster and cleaner when division of property is impractical.

Q3. Can a partition action be stopped once filed?

Yes and no. The party bringing the partition action can always change their mind and just dismiss the case. Short of this, the action generally cannot be stopped. And, in California the right to partition real property is generally absolute absent an agreement otherwise, waiver or a right of first refusal.

Q4. Which party pays for offsets (mortgage, taxes, repairs, rent)?

These are usually accounted for in the partition accounting procedure; the co‑owner who has been paying or maintaining the property may receive a full reimbursement for amounts they have advanced before sale proceeds are split.

Q5. Do I have to share attorney’s fees?

Often, yes. Under California law, courts can award attorney’s fees as common‑benefit costs from the sale proceeds. There is definitely a weird fee shifting rule in partition actions where fees by both parties are treated much like any other property expenses. This means each party can apply for their fees. The court does, however, maintain discretion regarding the fees it chooses to award.

OUR REACH

Areas We Serve Within California :

We routinely handle partition disputes in every major Southern California venue and beyond, giving our team first-hand insight into each court’s local procedures and timelines. Our attorneys track local partition-referee panels and recent sale-confirmation orders, giving you an evidence-backed estimate of both timeline and likely sale price before you file.