What is a Partition Action In Real Estate?

Updated on June 6, 2023

What does it mean to file a partition action in real estate? Is there more than one type of partition action in real estate law? We’re breaking down partition actions below.

Partition Action in Real Estate Law

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? One common example occurs when a parent passes away and leaves a piece of real property to her/his three children. If the children cannot agree on what to do with the real property, one of them may eventually be forced to file a suit for partition of the property.

What is a Partition Action In Real Estate?

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.

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Any person with an ownership interest in the property has the right to request that the property be partitioned. Because of the often emotional and personal nature of these actions, it is often wise to consult an experienced partition attorney, just like the ones at Schorr Law. Our partition attorney in Los Angeles can assist when you dealing with a partition.

If you are looking for a real estate attorney in Los Angeles, Santa Monica, Beverly Hills, San Fernando Valley, San Luis Obispo, or elsewhere in California, do not hesitate to contact Schorr Law. We have successfully handled partition action cases, and have experience dealing with these types of matters. To schedule a consultation with one of our attorneys, you can call us directly at (310) 954-1877, text us at (310) 706-2265, or send us a message here.

See related: Partition and Adverse Possession