Partitions in Real Estate

A partition action is a legal lawsuit filed by a co-owner of a property to force the sale or physical division of the real estate when the other owners do not agree. Under California Code of Civil Procedure § 872.210, any co-owner (except those who have waived the right in writing) has an "absolute right" to partition. In most Sacramento residential cases, this results in a Partition by Sale, where the home is sold on the open market and the proceeds are split.

As of January 1, 2023, the Partition of Real Property Act (PRPA) changed the rules for "tenants in common" (often siblings who inherited a home or unmarried partners). Before a forced sale can occur, the Sacramento County Superior Court must now:

1. Order a neutral appraisal to determine the Fair Market Value (FMV).

2. Offer the non-filing co-owners a statutory buyout window (typically 60–90 days) to purchase the filing party’s interest at the appraised price.

3. Only if no buyout occurs does the property proceed to a forced open-market sale.

A Partition Referee is a neutral third party appointed by the court (often at the Gordon D. Schaber Courthouse or the Family Relations Courthouse in Sacramento) to oversee the sale. The referee has the legal authority to hire a real estate broker, sign closing documents, and ensure the sale proceeds even if one owner is uncooperative.

Pro Tip: In 2026, many Sacramento judges prefer appointing a licensed Realtor with specific partition expertise to act as the referee to save on legal fees and ensure the highest market price.

Yes. During the final "Accounting" phase of a partition action, the court calculates "offsets." If you paid more than your fractional share of the mortgage, property taxes, insurance, or necessary repairs for a home in Elk Grove or Sacramento, you are entitled to a credit from the other owners' proceeds. These are governed by cases like Demetris v. Demetris, ensuring you are reimbursed before the final check is cut.

A standard partition action in the Sacramento region typically takes 6 to 12 months from filing the complaint to the close of escrow.

• Phases 1-3: Filing, Service, and Response (2–3 months).

• Phase 4: Mandatory Appraisal and Buyout Window (3–4 months).

• Phase 5: Marketing and Closing (3–5 months). The timeline can be shortened significantly if the parties reach a settlement or "Stipulation to Sell" early in the process.

Under California Code of Civil Procedure § 874.040, the costs of partition—including attorney’s fees and referee fees—are usually apportioned among the parties according to their ownership interests. If the action was brought for the "common benefit" of all owners (to unlock the equity in the home), the court may order the fees to be paid out of the sale proceeds before the final split.

• Phases 1-3: Filing, Service, and Response (2–3 months).

• Phase 4: Mandatory Appraisal and Buyout Window (3–4 months).

• Phase 5: Marketing and Closing (3–5 months). The timeline can be shortened significantly if the parties reach a settlement or "Stipulation to Sell" early in the process.