What is a Partition Action?

Sometimes, when two (or more) people own the same piece of real property, they will disagree on what to do with the property.  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.

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.

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 for assistance when dealing with partition.

If you are looking for a real estate attorney in Los Angeles, Santa Monica, Beverly Hills, San Fernando Valley, or elsewhere in California, do not hesitate to contact Schorr Law. We have successfully handled partition cases, and have experience dealing with these types of matters. You can send us a message by either using our Contact Form or through email, or give us a call at (310) 954-1877.

See related: Partition and Adverse Possession