Partition Actions are lawsuits filed when co-owners of real property no longer wish to be co-owners and may have other disagreements about the property they own together. Co-owing real property with other people is becoming more common. This article addresses common issues and possible solutions.
With recent changes to California probate law, more people are becoming co-owners of real estate—often through inheritance. Before April 1, 2025, estates worth more than $184,500 had to go through formal probate. Now, if the estate includes real property and is valued under $750,000, it may qualify for a simplified process. This means more families are inheriting homes together, and that can lead to complications.
This blog explores what happens when co-owners of real estate don’t see eye to eye—and how California law provides a way to resolve those disputes through something called a Partition Action.
Why Co-Ownership Can Lead to Conflict
Imagine you inherit a house with siblings or other relatives. You didn’t choose to co-own this property, and now you’re sharing responsibilities like:
- Paying property taxes and insurance
- Covering maintenance and repairs
- Deciding whether to rent or sell the property
Maybe one co-owner lives in the home rent-free, while another wants to sell their share to access cash. These situations can quickly become tense—especially when people have different financial needs or priorities.
What Are Your Options?
If you’re in this situation, the first step is to try to work things out. Here are some common solutions co-owners might consider:
- Buyout – One co-owner buys out the others.
- Sell to a third party – Everyone agrees to sell the property and split the proceeds.
- Divide responsibilities – Co-owners agree on how to share costs and benefits.
But what if no one can agree?
Enter the Partition Action
California law says no one can be forced to co-own property forever. If you want out, and the other co-owners won’t cooperate, you have the right to ask the court to step in. This is called a Partition Action.
Under California Code of Civil Procedure Section 872.010 and onward, a Partition Action allows a co-owner to ask the court to:
- Order the sale of the property
- Divide the proceeds fairly among the owners
- Resolve disputes about costs, reimbursements, and ownership shares
In some cases, the court may even require the uncooperative co-owner to pay your legal fees (see Section 874.040).
When Should You Consider a Partition Action?
Before going to court, it’s wise to try negotiating. Ask yourself:
- Can someone buy out my share?
- Can I buy out theirs?
- Can we agree on a fair sale price?
- Are we aligned on how to split costs and profits?
If the answer to most of these is “no,” a Partition Action may be your best option.
Final Thoughts
Co-owning property—especially when it’s inherited—can feel like being “married” to someone you didn’t choose. If you’re dealing with difficult relatives or co-owners who won’t treat you fairly, you don’t have to stay stuck.
Our firm specializes in both probate and real estate law, and we’re here to help you navigate these challenges. With the new probate thresholds under Assembly Bill 2016, we expect many more Californians to find themselves in co-ownership situations. If that’s you, and you’re ready to explore your options, we’re here to guide you.
Edward A. Smith, Esq.