Updated on June 4, 2025

Real estate co-ownership can be a practical arrangement for families, business partners, or investors, but conflicts often arise when one party wishes to sell or divide the property while others do not. In such cases, a legal process known as a partition action may be the only viable solution. If you find yourself in a dispute over jointly owned property, understanding partition actions and how to navigate them effectively is crucial. Below, we explore what a partition action is, when it is necessary, the types available, and how to ensure a successful outcome while safeguarding your interests.

What is a Partition Action?

Sometimes, when two (or more) people own the same piece of real property, they will somehow disagree on what to do with the property. Should they sell it? Should one or two people keep it while the other doesn’t?  A partition action is a legal proceeding that allows co-owners of real property to seek the division or sale of the property when they cannot agree on its use or disposition. This process ensures that each owner receives their fair share of the property’s value. Partition actions are typically pursued when one party wants to sell the property, but others refuse, making it impossible to liquidate or fairly distribute ownership interests outside of court.

Division of Property

A partition action asks the court, pursuant to California Code of Civil Procedure Section 872.210, to divide the real property fairly between the different owners. For a property with a home or other development on it, this usually means selling the property and dividing the proceeds of the sale fairly amongst the different owners. The other option is to divide the property itself between the different owners, but that is easier to accomplish when the property is undeveloped.

When is a Partition Action Necessary?

A partition action is generally necessary when co-owners disagree on selling or managing the property, which is common among inherited properties where multiple family members have different interests. It is also needed when a business partnership dissolves and real estate held by partners must be divided. Unmarried romantic partners  who cannot agree on the division of jointly owned property may also require a partition. Additionally, investment partners seeking to cash out their shares in a property may need to pursue a partition action if other owners refuse to sell.

Types of Partition Actions

There are three primary types of partition actions, each with unique applications:

1. Partition in Kind (Physical Division):
   
   • This type of partition physically divides the property among co-owners.
   • Example: A large parcel of farmland owned by multiple family members could be divided into separate tracts, allowing each party to retain ownership of a portion.
2. Partition by Sale:
   
   • If a physical division is impractical or would significantly reduce the property’s value, the court may order a sale.
   • Example: A single-family home co-owned by siblings is difficult to divide physically, so the court orders a sale, and proceeds are distributed according to ownership interests.
   • This is the most common type of partition action.
3. Partition by Appraisal:
   
   • In this less common method, one co-owner buys out the others at a court-determined appraised value.
   • Example: One business partner buys out the other’s share of a commercial property rather than forcing a sale.
   • There is a detailed set of statutory rules that cover partition by appraisal.  The wrinkle here is that in order to do a partition by appraisals all parties must agree to it — this type of resolution of a partition action cannot be forced on another party.

What is Needed to Bring a Partition Action?

To initiate a partition action, the plaintiff must establish their llegal ownership interest and the desire for division or sale. The law really does not require anything else.  That said, the partition attorneys at Schorr Law like to do an up front analysis of the financials and possible outcomes.  This includes gathering title documentation proving joint ownership, evidence of disputes regarding the property’s use or sale, and a rough valuation of the property to assist in determining fair division or sale price

How to Avoid an Unsuccessful Partition Action Case

While partition actions can be effective, they are not always guaranteed to succeed. To avoid an unsuccessful case, ensure clear ownership rights, as lacking a name on the title may mean you have no standing to file. Attempt alternative dispute resolution first, such as mediation or negotiation, to resolve conflicts without the expense of litigation. Understand the financial implications, as partition cases can be costly, especially if one party contests the action aggressively. Finally, comply with legal requirements, since failure to provide necessary documentation or follow procedural rules can result in dismissal.

Tips for a Successful Partition Action Case

To improve your chances of a favorable outcome, gather strong supporting evidence such as clear records of ownership and property value. We also think it is important to compile all of the expenses you have paid towards the property because all partition claims have an accounting component where parties are able to seek reimbursement for their expenses made for the common benefit of all of the property owners.  We suggest acting promptly, as delaying action can lead to complications, such as unpaid taxes, property deterioration, or additional legal disputes. Consider obtaining an independent appraisal to ensure fair compensation. Most importantly, work with an experienced attorney, as skilled legal representation increases the likelihood of success and protects your interests throughout the process.  At Schorr Law, our partition attorneys have handled hundreds of partition matters in all sorts of contexts whether it be vacant land, commercial buildings, apartment complexes, single family homes and more.

How Professional Legal Counsel Can Help Protect Your Interests

Partition actions can be legally complex, emotionally charged, and financially significant. Our  experienced real estate attorneys can advise you on the best course of action, helping to determine whether a partition is necessary or if alternative resolutions exist. We help to ensure compliance with California law, which has specific legal requirements that must be met. Our experienced attorneys can also negotiate settlements to avoid litigation and, if necessary, represent you in court, which can make a significant difference in the outcome.  Choose the right counsel matters and our experience can help guide you on what to expect throughout the process.  Moreover, we have creative ways to resolve ongoing disputes to help expedite the resolution of partition matters to help avoid long drawn out litigation.

Schorr Law remains at the forefront of partition law, including being a part of one of the key California cases that helped clarify the rules on attorney fee reimbursement in partition actions in California. 

If you are facing a dispute over jointly owned real estate in Southern California, Schorr Law has a proven track record of successfully handling partition cases. Our experienced attorneys understand the complexities of real estate law and are committed to protecting your interests. Whether you need legal advice, representation, or assistance in negotiating a resolution, we are here to help. Contact Schorr Law today for a consultation and take the first step toward resolving your property dispute effectively. Call our office today at 310-954-1877 or visit and fill out our contact form here.

See related: Partition and Adverse Possession