Partition Action

A partition action in California is a legal process used to divide co-owned property among owners who cannot agree on its use or disposition. This action is typically initiated when co-owners of real estate want to separate their interests in the property, but are unable to reach an agreement on how to do so.

Co-owners can be in joint tenancy or tenancy in common, and may arise from several situations, including:

• Friends or family members who purchased property together as an investment
• Co-habitants or co-owners who no longer get along
• Unmarried couples who purchased property together
• Multiple people who inherited the property together

Key Features of a Partition Action

1. Purpose: The main goal is to allow co-owners to partition (or divide) the property, either physically (by dividing the property into distinct portions) or by selling the property and dividing the proceeds.
2. Types of Partition:
   • Partition in Kind: The property is physically divided among the owners, creating distinct portions for each.
   • Partition by Sale: The property is sold, and the proceeds are distributed among the owners according to their ownership shares.
3. Filing Process:
   • The party seeking the partition (the plaintiff) files a complaint in the appropriate court.
   • The plaintiff must serve notice to all co-owners and any other interested parties.
4. Court’s Role: The court will evaluate the situation and whether the request to partition the property was waived, as well as how the property should be partitioned. If the court decides a partition in kind is impractical or would result in unfairness, it may order a partition by sale, also known as a court ordered sale.
5. Outcome: The outcome of a partition action can lead to:
   • A physical division of the property (if feasible).
   • A sale of the property, with the proceeds divided among the co-owners.
6. Absolute Right to Seek Partition: In California, every co-owner of a property has an absolute right to seek partition, which means they can initiate a legal process to divide or sell the property without needing the consent of the other co-owners. This right is rooted in California law, particularly under the California Code of Civil Procedure, Section 872.210.
   • Each co-owner can seek partition without the consent of the other co-owners.
   • The right to have the property partitioned is absolute and cannot be denied.
   • No reason is required to seek partition.
   • Typically, the right to partition is absolute absent a valid waiver of the right.

Considerations

• Legal Representation: Because partition actions can be complex and may involve disputes over property value and division, it’s often advisable for parties involved to seek legal counsel.
• Costs: Partition actions incur legal fees and court costs, which may impact the financial outcome for the parties involved. The fees and costs in typical cases, however, can likely be minimized by seeking summary adjudication.

Speak to a Los Angeles Partition Lawyer Today

Real property rights among co-owners cause raise numerous issues or concerns. For a confidential consultation with an experienced Los Angeles partition lawyer, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.