Partition Action
Co-owning property can work smoothly—until it doesn’t.
Maybe you inherited a home with a sibling, bought property with an ex, or invested with a friend. When one person wants to sell and the other doesn’t, the situation can quickly become stressful and complicated.
In these cases, a partition action provides a legal path forward. It’s a court-supervised process designed to help co-owners divide or sell real estate when they can’t agree on what to do with it.
What Is a Partition Action?
A partition action is a legal proceeding that allows co-owners of real estate to separate their interests when there’s a disagreement about managing, selling, or dividing the property.
In simple terms, it’s a structured way to resolve a dispute when communication or cooperation has broken down. Instead of remaining stuck in joint ownership, the court steps in to ensure a fair and lawful outcome.
When Would You Need One?
A partition action may be appropriate when:
- Heirs inherit a property but disagree on whether to sell or retain it.
- Former partners or spouses continue to co-own property after separating.
- Friends or investors jointly own real estate and can’t agree on its future use or sale.
In any situation where multiple owners can’t reach an agreement, a partition action allows each party to move forward while protecting their financial interests.
How Does the Process Work?
Here’s a straightforward overview of how partition actions typically proceed:
- Filing the Case:
One co-owner files a partition action in court requesting to divide or sell the property. - Appointment of a Partition Referee:
The court often appoints a Partition Referee—a neutral third party who oversees the sale or division of the property and ensures fairness and transparency. - Sale or Division of the Property:
In most cases, the property is sold, and the proceeds are divided among the owners. Less commonly, the court may order a physical division if the property can be practically split. - Distribution of Proceeds:
After the sale, the court approves a final accounting, and each owner receives their respective share, adjusted for any credits, costs, or liens.
Example: Sibling Disagreement
Imagine two siblings inherit their family home.
- One sibling wants to sell and cash out.
- The other wants to keep the property but cannot afford to buy out their sibling’s share.
After months of disagreement, one sibling files a partition action. The court appoints a referee to list and sell the home, and the proceeds are divided fairly between both parties. The result: closure, fairness, and a resolution that allows each person to move on.
The Takeaway
A partition action isn’t about winning or losing—it’s about resolution.
When co-owners can’t agree, this process provides a fair, structured way to settle disputes and ensure the property doesn’t remain in limbo.
If you’re facing a co-ownership situation that has become unmanageable, it’s worth exploring your options with professionals who understand both the legal and real estate sides of the process.
Need Guidance?
If you’re dealing with a co-owned property and unsure where to begin, I can help you understand your next steps, connect you with the right attorney, or oversee the sale once the court approves the process.
Jillian Robinson
REALTOR® | DRE# 01982012
Coldwell Banker Realty
Certified Probate & Trust Specialist
Cell: 916.642.3633
