When it comes to property law, partition matters. A partition action refers to a kind of lawsuit pertaining to joint owners of real property. When two or more property owners are unable to agree on the disposition of a specific piece of property, any owner involved can file a ”partition action” in the proper court. Read on to learn more about partition action, the circumstances it is typically used for, and what to expect if you are considering filing a partition action. 

FAQs We Get About Partition Action

Here are some common questions we get from clients who are seeking a partition action.

What kind of relief does the court grant in a partition action?

The most common type of relief granted by the court is that the real property be sold and that the owners divide the proceeds. The proceeds are typically divided according to ownership interests- this means that if two parties each own half of the real estate, the proceeds are divided 50%-50%.

Other types of relief the court may order 

If the property in question can be physically divided, the court may order a physical division so that each party receives a proportionate share. This situation is uncommon, however, since most real property has structures on it that makes it impossible to physically divide between multiple owners. The court usually only orders this action when the property in question has no structures on it, and even then it is typically more practical to sell the property and divide the proceeds. 

Circumstances requiring a partition action

In many cases, a property has a single owner who passed away and the property is left to multiple owners. If the parties are unable to agree on how the property should be used, a partition action may be filed. Other situations may involve a couple who purchase and own  property jointly but end up separating before they’re legally married.

What happens when one owner resides at the property but the other owners don't?

In these cases, the person who lives at the property cannot block the potential sale of the property by other owners without further legal action.

How do you resolve a partition situation without a court-ordered sale?

The parties in question can agree to sell the property without legal intervention even after a lawsuit is brought if they can come to an agreement with their attorneys. It is necessary to have legal counsel draft a binding settlement agreement to ensure follow-through on such a resolution. Another way to resolve a partition situation privately is if one of the co-owners agrees to pay the other owners to buy out their share of the property and a new deed is drafted to prove new ownership. 

Can I bring a partition action on my own?

We always recommend bringing such actions through experienced, specialized legal counsel to protect your rights, and most cases require legal counsel to draft legally binding agreements. 

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A partition action is a complex case used to resolve the disposition of a specific piece of property among multiple parties. If you require a property attorney in the California area, call the Law Office of Ball & Yorke to schedule a consultation with an experienced property lawyer today.