Partition Law

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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.

Who Can File a Partition Action?

A partition action may be initiated by any co-owner of real property, with the exception of married couples holding the property as community property. See California Code of Civil Procedure § 872.210. Notably, it is not necessary to be a majority owner in order to file.

These actions most often arise in situations such as:

• Siblings who inherit property from parents or other relatives,
• Unmarried couples who have separated,
• Friends or family members who purchased property together, or
• Former spouses following a divorce judgment.

Cost of Defending a Partition Action in California

The average partition action costs about $30,000 to defend. Of course, the cost of a partition action may be much higher or lower depending on the complexity of the case and the belligerence of the opposing co-owners.  Attorney’s fees in a partition may also be recoverable, especially against an uncooperative co-owner.

Working with a knowledgeable attorney who specializes in partition law can help minimize expenses while ensuring you achieve the best possible outcome in a timely manner.

How Long Does a Partition Action Take?

Partition actions typically take three to nine months to resolve. However, when co-owners work with an attorney who is not experienced in partition law, the process can take significantly longer due to inefficiencies in handling co-ownership disputes. At Newmeyer Dillion, we focus on resolving partitions in months—not years—and continually refine our expertise to achieve timely results.

What is an Alternative to a Partition Action?

The only true alternative to a partition action is a mutually agreed sale of the property to a third party or one of the co-owners. Unfortunately, reaching such an agreement is often difficult, as many co-owners resist or delay with excuses. If you’ve already attempted to work things out without success, your next step should be to consult a partition defense attorney to understand and protect your rights.

How do I Find the Right Partition Attorney?

When choosing a partition attorney, co-owners should seek someone with proven experience in partition actions and real estate litigation. The right attorney will have the skills to craft an effective strategy, achieve a successful resolution, and keep fees reasonable.

How Newmeyer Dillion Can Help

If you've been served with a partition action, or believe one may be coming, you don't have to face it alone, and you don't have to lose your home without a fight.

While partition is considered an absolute right in California, there are meaningful legal strategies available to defend your interests, protect your right to stay in the property, and ensure any financial settlement is fair and accurate. 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.

Receiving Your Equity When Forcing the Sale of a Home in California

If you have been served with a partition lawsuit and do not want to lose your home, it is important to understand that a partition action is not simply about whether the property will be sold. It is also about protecting your financial interests and ensuring that the court recognizes your contributions to the property.

Many partition cases arise because co-owners disagree about the future of a home. One owner may seek a court-ordered sale, while another wants to remain in the property or pursue alternatives to a sale. In these situations, disputes often extend beyond ownership percentages and involve significant questions about who has paid for the property over the years.

For example, you may have made most or all of the mortgage payments, paid property taxes, covered insurance costs, maintained the property, or funded major improvements. Meanwhile, the co-owner seeking partition may claim entitlement to an equal share of the property's value despite contributing substantially less. In other cases, one owner may have invested significant money into renovations, repairs, or additions that increased the home's value.

California law recognizes that these contributions matter. Under California Code of Civil Procedure section 872.140, the court may:

“order allowance, accounting, contribution, or other compensatory adjustment among the parties in accordance with the principles of equity.”

This means that even when a partition action has been filed, the court has broad authority to examine the financial history of the property and make equitable adjustments between the co-owners. Through a process known as an accounting, the court can evaluate each party's contributions and determine whether one owner should be reimbursed, credited, or otherwise compensated before any proceeds are distributed.