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Filing A Partition Action In California State

  • Published: May 8, 2023
Filing A Partition Action In California State

The following article will cover:

  • Partition action definition and purpose.
  • Types of properties and potential outcomes of a partition action.
  • Timeframe and the role of an attorney in partition actions.

What Is A Partition Action?

A partition action occurs when multiple people, at least two, hold title to a property, and one or more want to sell the property while others do not. In such cases, the person who wants to sell can file a partition action in court. The court then decides on the ownership rights and requirements for selling the property. The outcomes can include:

  • Distribution of ownership rights in the property.
  • Requiring one owner to buy out the other owner’s property interest.
  • Ordering the property to be sold and distributing the proceeds.

If the property can be divided, the court may split it into multiple parcels and distribute them among the owners. However, this is often not feasible, so the property is usually ordered to be sold.

What Type Of Property Can Be Subjected To A Partition Action?

Any property with multiple owners can be subjected to a partition action, excluding properties owned solely by husband and wife, which must be resolved through family law or divorce proceedings. Properties owned by non-related parties, related parties, or a mix of relationships can be subjected to a partition action.

What Are The Potential Outcomes Of A Partition Action?

The court has the authority to order a partition action, and the outcomes can include:

  • Splitting the parcels, if feasible.
  • Ordering partition by appraisal, where one party buys out the other’s interest.
  • Ordering partition by sale, in which the property is sold and proceeds are distributed based on proportional interests and contributions.

How Long Does A Partition Action Take?

Partition actions, like any litigation process, can take years—often two to three years. The process involves multiple stages, including determining the type of partition, ordering the partition and a further proceeding to decide how proceeds are distributed among parties. It is highly encouraged that parties attempt to resolve the matter amongst themselves to avoid lengthy litigation and high attorney’s and partition referee fees.

Do I Need An Attorney To File A Partition Action?

While it is not required to have an attorney for a partition action, it is highly recommended due to the complex nature of real estate litigation. Having an attorney can help you navigate the legal process more effectively.

For more information on Filing A Partition Action In California State, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 400-2970 today. 

September Katje, Esq.

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Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.

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