Can a co-owner really force the sale of a property I don’t want to sell? In most cases, yes. Any co-owner who isn’t married to the other co-owner(s) has a right to partition that courts rarely deny. The main alternative to a forced sale is negotiating a buyout.
How long does a partition action take in California? Most cases resolve in roughly 3 to 9 months, though contested cases involving disputes over credits, offsets, or an uncooperative co-owner can take longer.
What does a partition action cost? Costs vary by case complexity, and referee fees (often paid from sale proceeds) are separate from attorney fees. We discuss estimated costs during your free consultation, and in some cases costs can be shifted to an uncooperative co-owner from the proceeds.
What if the other co-owner won’t respond or cooperate? Partition doesn’t require the other side’s agreement. If they don’t participate, the court can still confirm the right to partition and appoint a referee to proceed.
Can I buy out the other co-owner instead of selling? Yes — buyouts are common and often negotiated as a settlement, letting one owner keep the property while the other is paid for their share.
Does this apply to inherited property? Yes. Inherited property held by multiple heirs as co-owners is one of the most common situations that leads to a partition action.
Do I need a lawyer to file a partition action? You can technically file without one, but partition involves specific procedural requirements (including referee appointment and accounting of credits/offsets) where experienced counsel meaningfully affects the outcome and timeline.
Which court handles partition actions in Orange County? Partition actions for Orange County property are filed in Orange County Superior Court.
Still Have Questions?
Get answers specific to your situation. Free consultation: call (877) PARTITION or (949) 888-8800, or contact us.