If co-owners cannot agree on selling a property, California law allows one owner to file a partition by sale action.
Steps to File a Partition by Sale:
- Attempt Settlement – Before litigation, co-owners may try to reach a voluntary agreement.
- File a Lawsuit – The co-owner seeking sale files a partition complaint in court.
- Court Appoints a Referee – If necessary, a referee handles the sale process.
- Property Sale – The property is sold through court-supervised proceedings.
- Proceeds Distributed – The court determines how to distribute sale proceeds fairly.
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