Can you force a sale of property in California when heirs refuse mediation or won’t sign?

Short answer: Yes — in many situations you can force a sale by filing a partition action in civil court. If the property is part of a decedent’s estate, the probate court can also authorize a sale. Which path applies depends on how title is held and whether the property is part of an open probate estate.

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed California attorney.

How a forced sale works in California

When co-owners (including heirs who inherit as co-owners) cannot agree about what to do with real property, California law gives the co-owners a remedy called a partition action. A partition action is a civil lawsuit that asks the court to divide or sell the property and distribute the proceeds among the owners.

The partition statutes are in the California Code of Civil Procedure. See the start of the partition chapter here: Code of Civil Procedure § 872.010 et seq.

When a partition action is appropriate

Title is held jointly (tenancy in common or tenants in common) by two or more people who cannot agree.
The property is not exclusively controlled by a personal representative in an ongoing probate where the probate court should address sale issues.
You want the property sold or divided and co-owners refuse to cooperate or to sign a buyout.

What the court can order

The court has two primary remedies:

Physical partition: divide the land into separate parcels if a practical and fair division is possible.
Partition by sale: if physical division is impractical or would be inequitable, the court can order the property sold and divide the sale proceeds among the co-owners.

Typical partition process

File a complaint for partition in superior court (usually where the property is located).
Serve all parties who hold an interest in the property (all co-owners and any lienholders).
The court may appoint a referee, appraisers, and/or a commissioner to value the property and recommend whether partition in kind is possible.
If partition in kind is impractical, the court will order sale (often at public auction or by court-supervised private sale) and direct distribution of proceeds after liens, costs, and fees are paid.

If the property is part of a probate estate

If the property is titled in the decedent’s name and is part of an open probate estate, the personal representative (executor or administrator) has duties and limited authority to manage or sell estate property. If co-heirs are refusing to cooperate, the personal representative can petition the probate court for authority to sell the property if selling is in the estate’s best interest.

Probate sales and partition actions can overlap. If the estate is open, speak with the personal representative or the probate attorney because the probate court often must authorize sales of estate property. See general probate self-help information on the California Courts site: California Courts – Probate Self-Help.

What if heirs refuse mediation or refuse to sign?

Refusing mediation does not prevent you from asking the court to resolve the dispute. Courts often encourage settlement and mediation, but a party cannot block a partition (or a probate sale) indefinitely by simply refusing to sign. If owners won’t cooperate, filing the proper court action (partition or probate petition) starts a process that can compel appraisal, sale, and distribution of proceeds.

Key legal and practical points

Costs: Partition actions and probate sales have legal fees, court costs, appraisal fees, and referee or commissioner fees. Those expenses come out of the property proceeds before distribution.
Timing: Partition litigation and probate court approvals can take months or longer, depending on disputes and court schedules.
Creditors and liens: Mortgages, tax liens, and other encumbrances must be paid from sale proceeds.
Title complexity: Joint tenancy, community property with right of survivorship, deeds, trusts, and beneficiary designations change how the property passes — and whether partition or probate is the right path.
Buyouts: The court may allow a buyout where one owner pays others to obtain full title as an alternative to sale.

When to consult an attorney

Talk to a California attorney if any of the following are true:

Title is unclear or multiple types of ownership are involved (e.g., trust + heirs).
Significant liens, mortgages, or creditor claims exist.
You want to try a negotiated buyout or structured settlement before filing suit.
You are a personal representative handling estate property.

Helpful Hints

Gather documents: deed/title, mortgage statements, insurance, tax bills, and any wills or trust documents before meeting an attorney.
Try written offers first: make a written buyout or sale offer and document it; a clear offer can push others to negotiate.
Get an appraisal: a current market appraisal helps set a realistic buyout or sale price.
Consider limited-scope mediation: even if some heirs initially refuse, a formal settlement offer and mediator can produce agreement and save court costs.
Be realistic about costs: lawyer and court costs reduce the net you’ll receive from a forced sale.
Check probate status: if there’s an open probate case, coordinate actions through the probate court to avoid conflicting remedies.
Protect the asset: ensure property taxes and insurance remain current while disputes are unresolved to avoid additional liens or loss.

Next steps you can take today

Confirm how title is held (copy of deed from county recorder).
If there is an open probate, contact the personal representative or probate court clerk for case information.
Consider a short consultation with a California real property or probate attorney to identify whether a partition action or a probate petition is the right move.
If you prefer to attempt settlement first, make a clear written offer and propose mediation with a neutral mediator experienced in family or probate disputes.

If you want, provide basic facts (how title is held, whether there’s an open probate, whether mortgages exist) and I can outline likely procedural steps and documents you’ll need to bring to a consultation.