Partition Actions in California: When a Co-Owner Refuses to Sell

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

A partition action is a lawsuit in which a co-owner asks the court to divide property or sell it and split the proceeds. In California a co-owner on title can usually force that result, because partition is a matter of right unless validly waived. (Code Civ. Proc., § 872.710, subd. (b).) A commercial building is usually sold, though co-owners who want to keep it may get 45 days to elect a buyout first. Kolmogorov Law, P.C. handles partition disputes over commercial and investment property in Orange County and Los Angeles.

Call (909) 235-6116 or contact us online to discuss a co-owned property that one side wants to sell and the other does not.

Who can bring a partition action

The statute is broad. An owner of an estate in real property that several persons own concurrently may commence and maintain the action. (Code Civ. Proc., § 872.210, subd. (a).) That covers former business partners who took title to a building in their own names, investors who bought a rental together, and family members who hold title to a commercial parcel together.

How title is held matters. If the deed names the individuals, partition is generally available. If the deed names an LLC or a partnership, it usually is not, for reasons covered below.

Why a co-owner can rarely block it

At trial the court decides one threshold question: does the plaintiff have the right to partition? For concurrent interests the answer is yes, as of right, unless a valid waiver bars it. (Code Civ. Proc., § 872.710, subds. (a), (b).) The plaintiff does not need a good reason. The defendant's preference to hold the property, or belief that the market will improve, is not a defense.

Waiver is the real battleground. Co-owners can agree not to partition, or to follow a buyout or first-offer process before anyone sues, and courts have found waivers implied by an agreement's terms. Whether a given clause amounts to a waiver, and for how long, depends on its wording. If your co-ownership agreement has a right of first refusal, have it read before filing.

Division or sale

The default in the statute is physical division according to each owner's interest. (Code Civ. Proc., § 872.810.) The court instead orders a sale and divides the proceeds when the parties agree to that, or when a sale would be more equitable than division under the circumstances. (Code Civ. Proc., § 872.820.)

A vineyard can sometimes be split. A single industrial building on one lot cannot be, at least not without destroying value, so commercial partitions usually end in a sale or a buyout.

The buyout step under the Partition of Real Property Act

Since January 1, 2023, a newer set of rules applies to partition actions over real property held as tenants in common, when no agreement in a record binding all the co-owners governs partition. (Code Civ. Proc., § 874.311.) It changes the sequence in a way that helps the owner who wants to stay.

First, the court fixes the property's fair market value, normally through a disinterested licensed appraiser, unless the co-owners agree on a value or a method. (Code Civ. Proc., § 874.316.) Second, if a co-owner asked for a sale, the others get the option to buy that co-owner's interest. They have 45 days after the court's notice to elect, and the price is the court-determined value multiplied by the seller's fractional share. The court then sets a payment date at least 60 days out. (Code Civ. Proc., § 874.317.)

If nobody buys, the court orders division unless that would cause great prejudice to the co-owners as a group, and otherwise orders a sale. (Code Civ. Proc., § 874.318.) A sale under the Act is ordinarily an open-market listing through a licensed broker, at a price no lower than the court's valuation. (Code Civ. Proc., § 874.320.)

So filing for a sale can produce a forced buyout at an appraised number. For many plaintiffs that is the goal. Our page on partnership buyouts discusses how to think about price.

Unequal contributions and who pays for the case

Equal title does not always mean an equal split. The court may order an allowance, accounting, contribution, or other compensatory adjustment among the parties according to principles of equity. (Code Civ. Proc., § 872.140.) The co-owner who carried the mortgage, taxes, insurance, and capital repairs can ask for credit. The co-owner who collected the rents can be made to account for them. An accounting claim is often pleaded alongside.

Costs are shared. The costs of partition include reasonable attorney fees incurred for the common benefit, the referee's fees, and title report costs. (Code Civ. Proc., § 874.010.) The court apportions them in proportion to the parties' interests, or in another way if that is more equitable. (Code Civ. Proc., § 874.040.) Fees spent fighting over contested issues are not always treated as common benefit.

Property held in an LLC or partnership

This is the most common wrong turn. A limited liability company is an entity distinct from its members. (Corp. Code, § 17701.04, subd. (a).) A partner is not a co-owner of partnership property. (Corp. Code, § 16501.) If the warehouse is titled in the company's name, the owners hold membership or partnership interests, not the building, and the path runs through the operating agreement, a buyout, or dissolution. Our page on 50/50 deadlock covers those tools.

How the case moves

The plaintiff must record a notice of pendency of action, a lis pendens, immediately on filing, and the court will stay the case until it is recorded. (Code Civ. Proc., § 872.250.) The court then determines the ownership interests, decides the manner of partition, and often appoints a referee to carry out the sale. Many partition disputes settle once an appraisal is on the table, because both sides can finally see the same number.

What to bring to the first meeting

The deed and a current preliminary title report if you have one.
Any co-ownership, partnership, or operating agreement.
Loan statements, property tax bills, and insurance records.
Records of who paid what, and who received the rents.
Leases with tenants, and any appraisal or broker opinion of value.

Frequently asked questions

My former business partner and I co-own a warehouse and he refuses to sell or buy me out. Can I force a sale in California?

In most cases, yes. A California co-owner whose name is on title has a right to partition unless it was waived by agreement. (Code Civ. Proc., § 872.710.) Because a warehouse cannot practically be divided, the result is usually a court-supervised sale or a buyout at an appraised value. If the property is owned by your LLC, the remedy is different.

Can a co-owner stop a partition action in California?

Rarely. Disagreeing with the sale is not a defense, because partition of concurrent interests is granted as of right. The main defense is a valid waiver, express or implied, such as an agreement not to partition for a period. A co-owner who wants to keep the property can also elect to buy out the party seeking a sale where the Partition of Real Property Act applies.

Who pays the attorney fees in a partition action?

The costs of partition, including reasonable attorney fees incurred for the common benefit, are apportioned among the co-owners in proportion to their interests unless the California court finds another split more equitable. (Code Civ. Proc., §§ 874.010, 874.040.) That is unusual. In most civil cases each side pays its own lawyer unless a contract or statute shifts fees.

I paid the mortgage, taxes, and repairs on our investment property for years while my co-owner paid nothing. Do I get that money back when it sells?

You can ask for it. In a California partition action the court may order contribution, an accounting, or another compensatory adjustment according to principles of equity before dividing the proceeds. (Code Civ. Proc., § 872.140.) Bring records of every payment. Expect the other owner to raise offsets, such as rent you collected or the value of your own use of the property.

How long does a partition action take in California?

It varies with the court and the level of dispute. Where the Partition of Real Property Act applies, the appraisal process and the 45-day buyout election can add months before any sale is ordered. If a co-owner elects to buy, payment is due no sooner than 60 days after the court's notice. Contested accountings and title issues add more. Many cases settle after the appraisal.

Talk to a California real estate litigation attorney

If a co-owner will not sell, will not buy, and will not talk, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and handles partition actions in the Orange County Superior Court and the Los Angeles Superior Court.

This page provides general information about California law and is not legal advice. Outcomes depend on how title is held, any co-ownership agreement, the facts, and the court.