Partition Actions

End Deadlocks with Help from a California Partition Action Attorney

Why Partition May Be Your Best (or Only) Option

Co-owning California real estate can feel like a tug-of-war. When a sibling won’t agree to sell the inherited bungalow or a business partner blocks refinancing, our California-based partition action attorney steps in. Under Code of Civil Procedure §872.010 et seq., any owner holding title—no matter how small the share—may ask the court to order a partition. The judge can physically divide land, but most Orange County and Riverside judges favor a sale with proceeds distributed according to ownership percentages, liens, and approved cost reimbursements. That means you’re no longer trapped by another person’s refusal to budge, and you can unlock equity to invest elsewhere.


Many clients first try informal negotiations, but when talks stall, a partition action resets expectations with court oversight, a neutral referee, and enforceable timelines. Because time and property values move fast in markets like Huntington Beach, Irvine, and Newport Beach, filing promptly protects your stake from depreciation, taxes, and rising legal expenses.

How Court-Ordered Partition Works

Step 1 – File the Complaint

We draft and file the partition complaint, serve all owners of record, and record a lis pendens so the property cannot be refinanced or sold behind your back.

Step 2 – Appraisal & Referee Oversight

The court appoints a referee who secures an independent appraisal, manages listing, and reports on offers. We monitor every stage to ensure the valuation reflects true market conditions in hot zones like Southern California.

At closing, escrow pays liens, referee fees, and approved reimbursements (taxes, improvements) before distributing net proceeds by ownership share. The court enters a final judgment terminating co-tenancy and clearing title.

Step 3 – Sale & Distribution

Recovering Your Costs

One concern clients often raise is paying legal fees when cash is tight. Fortunately, California courts routinely allow attorney fees, referee costs, and certain maintenance expenses to be reimbursed directly from the sale proceeds—meaning co-owners effectively pay their fair share at closing. If you've advanced property taxes, insurance, or invested in capital improvements, we track and document those expenses so you're credited before any final distribution.

Our approach is grounded in fairness, transparency, and a deep understanding of partition law. Want to know more about who you'll be working with?

FAQs

  • Can siblings pay legal fees from sale proceeds?

    Yes. The court may order reasonable attorney fees deducted from proceeds before distribution.

  • How long does partition litigation take in California?

    Most cases resolve in six to nine months; contested valuation issues can extend that timeline.

  • What if one owner refuses to sell?

    Their consent isn’t required once the court orders partition; refusal simply delays distribution of their share.

  • Is mediation required first?

    Some judges mandate mediation, especially in commercial sales, and we often recommend it to narrow disputes and cut costs.

  • Do courts prefer physical division or sale?

    Sale is favored unless the land can be divided without harming value—rare in urban Orange County.

Local Representation, Statewide Reach

Because partition statutes are statewide, you can hire us even if the property sits outside your current zip code. Owners of duplexes near Balboa Peninsula and acreage east of Irvine call for guidance every month. For hands-on help, meet with local counsel in Laguna Hills or schedule a virtual consult if you live elsewhere.