Detailed Answer

If co-owners cannot agree about a piece of real estate, one co-owner may ask the court to divide the property or force a sale through a partition action. In California, the right to bring a partition action is governed by the Code of Civil Procedure (see the partition provisions in the Code of Civil Procedure, Chapter 7 (Partition)) and by other court rules and local practices.

Primary steps to start a partition action

1. Confirm ownership and your standing. Any person who owns an interest in real property (tenancy in common, joint tenancy, co-owners, heirs, etc.) can generally bring a partition action. Gather title documents (grant deed, deed of trust, chain of title), recorded vesting information, and any written agreements among owners.
2. Try to resolve the dispute first. Courts expect parties to attempt settlement where feasible. Consider a demand letter, a buyout offer, or mediation. Voluntary agreement avoids litigation costs and gives parties control over the outcome.
3. Prepare and file a Complaint (or Petition) for Partition in the correct Superior Court. The complaint typically includes:
   • Description of the property (legal description and parcel number if available)
   • Names and addresses of all known owners and lienholders
   • Each party’s claimed share (e.g., 50/50, 60/40)
   • Prayer for relief asking the court to either partition the property in kind (physically divide) or, if division is impractical, order the property sold and proceeds divided
4. Serve all parties and interested lienholders. You must properly serve every co-owner, mortgagee, mechanic’s lien claimant, and other persons with recorded interests. The court will not proceed until required parties have been served or their interests otherwise addressed.
5. Respond to defenses and attend status conferences. After service, co-owners may file answers, assert offsets (e.g., one owner paid more for improvements), seek fees, or ask for delay. The court will set case management dates and may require mediation or settlement conferences.
6. Court determines partition in kind vs. partition by sale. California favors partition in kind when the property can be equitably divided. If division would result in unfairness, market harm, or physical impracticality, the court may order a sale. The court considers the nature of the property, ease of division, and the owners’ respective interests when choosing the remedy.
7. If sale is ordered: referee/commissioner, sale procedures, and distribution. The court frequently appoints a referee or commissioner to manage valuation, sale preparation, and public auction or privately negotiated sale subject to court approval. The referee reports to the court, and the judge signs the final order distributing sale proceeds after paying liens, sale costs, and court-ordered expenses.

What the complaint should ask for (typical relief)

• Immediate partition in kind if practicable;
• Alternatively, an order for sale of the real property and a judicial sale mechanism;
• Appointment of a court referee or commissioner to handle valuation, allocation of expenses, and sale;
• Accounting of rents, profits, and expenses incurred by owners;
• Payment of liens and distribution of net proceeds according to ownership shares;
• Costs and, if warranted, attorney fees (only in some circumstances).

Common legal and practical issues

Expect these recurring matters in many partition cases:

• Mortgages and liens: secured liens typically must be paid out of sale proceeds before owners split the remainder.
• Improvements and offsets: one owner may claim credit for paying mortgage installments, taxes, or improvements; the court can order an accounting.
• Missing or unknown owners: the court may allow substituted service or appoint a guardian ad litem for incapacitated or unknown owners.
• Joint tenancy vs. tenancy in common: partition will sever a joint tenancy; discuss how your title form affects rights and outcomes.
• Tax consequences: selling property or reallocating shares can have tax implications; speak to a tax advisor.

Where to find the law and forms

Start with the California Code of Civil Procedure, Chapter 7 (Partition): https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&part=2.&chapter=7.&article=.

Check the California Judicial Council’s forms page and your local Superior Court’s civil self-help pages for pleading formats, local filing rules, and fee information: https://www.courts.ca.gov/forms.htm.

Typical timeline and costs

Every case differs. A simple partition with cooperative owners can wrap quickly; contested cases where valuation, occupation credits, or lien disputes exist can take many months or over a year. Costs include court filing fees, service costs, title searches, appraisals, referee or broker fees, mortgage payoff amounts, and attorney fees if you hire counsel.

Helpful Hints

• Document ownership: gather recorded deeds, title reports, mortgage statements, tax bills, and any written agreements among owners before filing.
• Consider mediation: a neutral mediator can often help craft a buyout or division that avoids court expense and delay.
• Estimate costs up front: get a local realtor or appraiser estimate of value and consult with a title/escrow provider to estimate payoff amounts for liens.
• Protect rental income: if the property produces rent, request an accounting and possibly a receiver to collect and hold rents pending resolution.
• Know local rules: filing procedures and required forms vary by county. Always check your county Superior Court website for local rules and forms.
• Consider a buyout formula: propose a fair buyout method (appraisal + share adjustments) to co-owners as a low-cost alternative to sale.
• Plan for taxes: net proceeds or transfer of ownership interests can carry capital gains or other tax consequences—consult a tax professional.
• Talk to a real estate litigator early: an attorney can advise whether partition is the right tool, what remedies likely apply, and how local judges handle partition cases.