A partition action is a legal remedy used when co-owners of real property disagree on its use or disposition. In California, partition actions allow the court to divide the property among owners or order its sale, ensuring that each owner receives their fair share.
When is a Partition Necessary?
– Disputes among co-owners over selling or maintaining the property.
– One co-owner wants to cash out their equity.
– Inherited property disputes among family members.
– Business partners dissolving their real estate interests.
The Partition Process
- Filing a Partition Complaint – A co-owner files a lawsuit requesting partition.
- Court Appoints a Partition Referee – If necessary, the court appoints a referee to oversee the process.
- Partition by Sale or In-Kind – The court determines whether the property should be sold or divided.
- Distribution of Proceeds – After the sale, proceeds are distributed based on ownership interest and reimbursements.
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