Updated on May 21, 2026
Partition of a Santa Monica Apartment Building: Trust vs. Co-Owner Dispute
This was a case we handled in Santa Monica involving a multi-unit apartment building owned by a trust and an individual. The trust needed to sell the property. The reason was simple. The sale was necessary to fund the beneficiary’s long-term care. The problem was the co-owner. They were not cooperating, not contributing to expenses, and not willing to move forward with a sale. That is when Schorr Law got involved.
What the Dispute Came Down To
The situation was not complicated on paper. The trust needed liquidity. The co-owner was blocking that from happening. At the same time, the co-owner was not paying their share of the property expenses.
The key issues were:
- Whether the property could be sold
- Whether one party could block the sale
- How unpaid expenses would be handled
- What to do about the defendant’s lack of participation
The case reached a point where it could not be resolved without court involvement.
Why We Filed for Partition
We attempted to move things forward without litigation, but that was not going to work. At that point, filing a partition action was necessary.
It allowed us to:
- Force the sale of the apartment building
- Address the lack of contribution from the co-owner
- Move the trust toward resolving its obligations
- Address who the court will handle the defendant’s lack of participation including who would sign documents and participate with the sale.
Without that step, the property would have remained tied up while the trust continued to carry the burden.
Expense and Contribution Issues
A big part of the case involved the fact that one side was not paying its share.
That included:
- Property taxes
- Maintenance and repairs
- Insurance
- Ongoing management costs
In these situations, the court can account for that when the property is sold. It affects how the proceeds are ultimately divided.
Why This Type of Case Matters
This was not just a typical co-ownership dispute. The trust had obligations. Delaying the sale directly impacted the beneficiary.
That added urgency to the case and required a clear strategy to move things forward.
Final Takeaway
Even when a trust is involved, one co-owner cannot hold up a property indefinitely. If there is no agreement, partition is often the only way to resolve the situation and allow the sale to move forward.
Frequently Asked Questions (FAQ)
Can a trust force the sale of co-owned property in California?
Yes. If a trust co-owns property and liquidation is necessary to fulfill fiduciary duties, the trustee may file a partition action to seek a court-ordered sale.
What happens if a co-owner refuses to pay property expenses?
Courts may order reimbursement, offsets, or equitable adjustments during the accounting phase of a partition lawsuit.
Is partition available for apartment buildings?
Yes. Multi-unit residential properties are commonly subject to partition by sale when co-owners cannot agree.
Do trustees have special obligations in co-ownership disputes?
Yes. Trustees must act in the best interest of beneficiaries. Failure to pursue appropriate legal remedies could expose a trustee to liability.
Can rental income be divided during partition litigation?
Yes. Courts may allocate rental income and adjust distributions based on contributions and management participation.
Dealing With a Similar Situation in Santa Monica or Los Angeles County?
If you are dealing with a co-owner who is not cooperating, or a situation where a property needs to be sold but cannot move forward, there are legal options to resolve it.
Schorr Law handles partition actions and co-ownership disputes throughout Los Angeles County.
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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