What Is a Partition Action?

A partition action is a legal process used to resolve disputes between co-owners of real property. If even one owner wants out, the law allows that individual to petition the court to either sell the property or divide it physically (if feasible). 

 

Common Situations That Lead to Partition

• Siblings who inherit a home but can’t agree on whether to sell or live in it

• Former couples (married or unmarried) who co-purchased real estate

• Friends or family members who invested jointly but now want out

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Partition actions most commonly involve single-family homes, but they can also cover duplexes, commercial buildings, and vacant land. Under California Code of Civil Procedure § 872.210, any co-owner—not just a majority owner—has the right to file for partition (with exceptions for married couples holding community property).

 

Is There an Alternative?

If all co-owners can agree on selling or transferring the property voluntarily, you may be able to avoid court entirely. But when negotiations fail or stall, a partition lawsuit may be the only path forward.

 

Choosing the Right Attorney

Not every real estate attorney handles partition actions regularly. To protect your rights and avoid unnecessary expense, you should work with a firm that has specific experience litigating co-ownership disputes and a proven track record of success.

 

At The Kelly Law Firm, we’ve successfully guided clients through partition cases involving all types of real estate, from inherited family homes to jointly purchased investment properties. We offer clarity, compassion, and results—and we’re ready to help you take the next step.