forcing the sale of property in california

Partition Actions: What happens if you own real property with another person and the co-owner refuses to sell?

 In California, co-owners of real property have an absolute right in their property including the right to sell their interest in such property. This often creates disagreements between co-owners when one owner wants to sell but the other owner of the property refuses. In this scenario the co-owner, if practical, can sell their interest in the property. However, this option is usually unrealistic especially if the property is a home.

If the co-owner is unable to sell his portion of the property he or she must bring a lawsuit called a partition. A partition action is one in which the co-owner files and seeks to obtain a court judgment forcing the sale of the property. This type of lawsuit is generally straightforward because if both co-owners have actual title there is nothing to dispute. After such action the court will issue an order forcing the sale and distributing the proceeds of such sale.

 Because the courts will generally force the sale of property, these types of lawsuits generally end in a settlement unless there is a dispute regarding title or a large disparity in the amounts that co-owners have paid towards the property or its upkeep.

If you need assistance in commencing or defending a partition action contact Bennett & Demera LLP at (559) 981-2588 or hello@bennettdemera.com.