Real Estate Partition Law

Jointly-owned real estate often opens the door for ownership disputes leading to a complex legal process immediately following. The Partition of Real Property Act (PRPA) offers a navigable avenue for these disputes in California via a partition action.

What is a Partition Action?

A partition action is a legal proceeding used to resolve disputes over jointly owned real estate by either dividing the property or ordering its sale. The court ensures an equitable distribution of ownership interests, even if some co-owners object. In most cases, this means dividing the proceeds from a court-ordered sale. Partition actions can be filed for any type of co-owned real property, though the most common in California involve single-family homes. They may also apply to multi-family residences (such as duplexes or triplexes), commercial properties, or vacant land.

In California, the right to partition is absolute—any co-owner may initiate a partition action without needing approval from the others. This process provides a definitive resolution when co-owners cannot agree on how to handle shared property, effectively ending the co-ownership arrangement and related disputes.

How Can Newmeyer Dillion Help?

Though the right to partition is absolute, defending a partition action does not mean that you must agree to take your percentage of the property and walk away. Newmeyer Dillion partners with industry experts and prepares a strong defense for our clients to ensure that our clients advocate for and receive the percentage of the property that they are entitled to, factoring in current market conditions, property expenses incurred, and their overall interest in the property. Our team does not shy away from a contested scenario and has the experience to assist our clients in expertly navigating a complex, and oftentimes deeply personal, dispute amongst co-owners.