Detailed Answer
Under California law, a partition action lets co-owners of real property divide or sell the property when they cannot agree on its use or management. The statutory framework appears in California Code of Civil Procedure §§872.010–875.760. You file a complaint for partition in the county where the property is located. The court requires joinder of all record owners and parties with an interest in the property. Once the court has jurisdiction, it appoints a neutral referee or surveyor to evaluate the property and report whether a physical division (partition in kind) is practical or if a sale better serves the parties’ interests (CCP §872.210).
If the court finds that dividing the land into separate parcels will materially diminish its value or is infeasible due to size, shape, or location, it will order a sale. The property is sold at public auction, and the proceeds are distributed among the co-owners based on their ownership interests after deducting costs, liens, and any advances by a co-owner toward expenses (CCP §873.010). Co-owners can agree to a private sale if the court approves and the price is fair.
Throughout the process, the court oversees the referee’s actions, addresses disputes over valuation or division, and resolves liens or encumbrances that affect the property. Parties can object to the referee’s report, and the court will hold a hearing to finalize the method of partition and distribution of proceeds.
Key Steps in a California Partition Action
1. Filing the Complaint
Any co-owner may file. The complaint must describe the property and list all co-owners and lienholders (CCP §872.010).
2. Joinder of Parties
The court must join all persons with an interest in the property to ensure a binding resolution.
3. Appointment of Referee
The court appoints a referee or licensed surveyor to inspect the property and recommend whether to partition in kind or by sale.
4. Partition in Kind vs. Sale
If the referee’s report supports division, the court orders a physical split. If not, the court orders a sale—public auction or private sale with court approval.
5. Distribution of Proceeds
After sale, the referee pays off expenses, liens, and advances, then distributes net proceeds among co-owners according to their ownership shares.
Helpful Hints
- Gather all title documents to identify co-owners and lienholders before filing.
- Consider mediation to agree on partition terms and avoid litigation costs.
- Learn the estimated value of the property to evaluate referee recommendations.
- Understand that court fees and referee costs reduce your net proceeds.
- Keep clear records of any payments you’ve made for taxes or maintenance; you may recover them in the distribution.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.