Detailed Answer — Forcing the Sale of Co-Owned Property in California
Short answer: If a co-owner will not continue mediation, you can file a partition action in California superior court to ask the court to divide the property or order it sold and the proceeds divided. Partition actions are governed by the California Code of Civil Procedure (see: Cal. Code Civ. Proc. § 872.010 et seq.).
What a partition action is
Partition is a lawsuit one co-owner files against the other(s) to divide ownership of real property. The court can order a physical division (partition in kind) when possible, or it can order a sale of the property and divide the net proceeds among the owners (partition by sale). California law and court practice guide when the court favors sale over division.
Typical grounds and legal basis
- Any person with an estate in real property (joint tenants, tenants in common, or co-owners) can bring a partition action. See Cal. Code Civ. Proc. § 872.010.
- The court generally prefers division in kind when it is practical and equitable. If division would be impractical or inequitable, the court may order a sale and divide the proceeds.
How the process works (step-by-step)
- Prepare and file a complaint for partition in the appropriate California superior court. The complaint names all record owners and states the ownership interests.
- Serve all co-owners and claimants (mortgage holders, lienholders, tenants). Those parties can respond or assert claims (e.g., liens, offsets, equitable claims).
- The court assesses whether partition in kind is feasible. If not, the court will order sale. If the court orders sale, it typically appoints a referee or commissioner to oversee the sale process, carry out notice and sale procedures, and report back to the court.
- Sale proceeds pay liens, mortgages, sale costs, referee fees, and court costs. The remaining net proceeds are allocated according to ownership shares, adjusted for any costs or credits (for example, payments one owner made for mortgage, taxes, or improvements).
- Once the referee files a sale report and the court confirms it, the sale closes and the court issues an order distributing the funds.
What you should expect on key practical points
- Timeline: Partition actions commonly take many months and sometimes over a year depending on discovery, valuation disputes, and court scheduling.
- Costs: Litigation, appraisal, referee fees, and sale costs can be substantial. Those costs are typically taken out of sale proceeds or apportioned based on court orders.
- Mortgages and liens remain attached to the property until paid at sale. A lender may have rights that affect sale proceeds.
- Occupancy and rents: If an owner occupies the property, the court can address possession and require accounting for rents and expenses.
- Referee or commissioner: The court often appoints a neutral official to handle valuation, advertising and sale. The referee’s actions must follow court orders.
When the court is likely to order sale
The court will usually order a sale if physical division would materially harm the property value, is impractical, or if equal division cannot be done without prejudice to owners. If one co‑owner cannot be physically separated from the property without impairing value, sale is common.
Alternatives and pre-filing steps you should try first
- Offer a buyout: Propose to buy out the other owner at a fair market price.
- List the property and propose a voluntary sale through a real estate broker.
- Consider arbitration or a neutral appraisal to fix value if that is the primary dispute.
- Negotiate terms that allocate costs, rents, and sale timing—document all offers in writing to show you tried to resolve the dispute.
Evidence and documents you will need
- Deeds and title documents showing ownership interests.
- Mortgage statements, tax bills, homeowner association dues, and records of payments made by each owner.
- Receipts for improvements and repairs, and any written communications about offers or attempted sales/mediation.
- Professional appraisal or at least comparable sales data to support value claims.
Practical tips about outcomes
- If you win a partition by sale, the court orders a sale and distributes proceeds after paying debts and costs. A co-owner who frustrates sale or hides the property does not stop the court-ordered process.
- A court may award offsets for mortgage payments or improvements paid by one owner, but you must document and prove those payments.
- Filing a partition suit can damage relationships and increase costs. Balance the likely net proceeds after litigation against the expenses and time involved.
Statute reference: Partition actions are authorized under the California Code of Civil Procedure; see Cal. Code Civ. Proc. § 872.010 and the sections that follow for procedural rules and sale authority.
Helpful Hints
- Document every effort to resolve the dispute outside court. Judges will view parties more favorably if they tried to settle first.
- Get a written professional appraisal early. It clarifies value and helps shape buyout offers.
- Estimate litigation costs and likely net proceeds. If the property is low-value, litigation costs can exceed the benefit.
- Talk with an attorney experienced in California partition law before filing. An attorney can evaluate lien interactions, possible offsets, and strategy for achieving a timely sale.
- If you are being asked to pay disproportionately for mortgage or taxes, keep clear records and ask the court for an accounting in the partition action.
- Consider temporary court relief if the co-owner is damaging the property or wasting assets (e.g., lis pendens, injunctions). An attorney can advise on emergency motions.
Disclaimer: This article provides general information about California law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed California attorney.