When Co-Owners Can’t Agree: Partition and When it is Necessary

Co-ownership of real property can quickly go from collaborative to contentious. Whether it is inherited real estate, investment properties held by business partners, or jointly purchased homes by unmarried couples, disputes can—and often do—arise where there is disagreement as to whether to sell or where a co-owner stops fulfilling their responsibilities. In these situations, partition is often the most effective legal remedy.

What is Partition?

A partition action is the procedure for terminating common interest in a property.[1] The term “partition” may refer to a judicial decree, brought about as the result of a lawsuit or court action, or a voluntary agreement of the parties.[2] Interestingly, the process of partitioning a property does not involve a transfer of title as the parties already have title; instead, their common title is simply being divided.[3] Ordinarily, each cotenant has an “absolute” right to partition of the property.[4]

There are three methods of partition: (1) a physical division of the property, (2) a sale of the property and division of the proceeds, or (3) a partition by appraisal whereby one cotenant acquires the interests of the other cotenants based on a court ordered and supervised appraisal.[5] While California courts tend to prefer a physical division of the property—where a parcel is divided into smaller pieces and distributed to the feuding co-owners—courts typically order the sale of the entire property and the distribution of the sale proceeds to the parties if the parties so agree or where the court finds it more equitable to do so.[6] Usually this is the case where the properly is not physically divisible without prejudice to the parties or where a sale would result in a greater net value to the co-owners than a physical division.

This article focuses on partition by sale, the more common—and often most practical—approach.

When is Partition by Sale Necessary?

There are several scenarios where a partition by sale, rather than physical division or partition by appraisal, is often necessary or generally favored.

1. Single Dwelling or Building. A residential home, duplex, or commercial structure often cannot be physically divided without destroying its value or utility.

2. Unequal or Complicated Land Use. Often seen where one co-owner lives in the property while another co-owner has contributed financially, making physical division complex or impossible.

3. Business Partnerships. Once real estate held by business partners or business entities becomes the subject of disagreement, such as where one party refuses to cooperate or sell, partition by sale is the preferred remedy.

4. Heirs and Beneficiaries. Similarly, inherited property among multiple siblings or relatives very often results in conflict, especially where one co-owner wants to keep the property and others want to liquidate.

5. Failure to Uphold Responsibilities as Co-Owner. Without the remedy of partition by sale, one co-owner could lock another into a stalemate where the co-owner refuses to sell the property, refuses to buy out the other co-owner, fails to contribute to the property, or where a co-owner leaves the other with no practical alternatives to keep the property in running order.

The above scenarios represent just a few examples of when partition by sale is necessary.

Can I Keep the Property if I Bring a Suit for Partition?

Oftentimes clients will want to keep the property but need to get a non-performing co-owner out of the picture. In these circumstances, you may be able to buy out the other co-owner(s) either by (1) negotiating a voluntary buyout before or during the case or (2) offering to buy the others’ interest through a court supervised process. Courts are generally open to a buyout so long as you are willing to pay fair market value, often based on a court ordered appraisal, and the other side agrees.

Additionally, a few factors cut against the general approach that requires a sale of the property. A plaintiff in a partition action may be able to avoid a sale and instead pursue a buyout if they can successfully argue that the property has unique sentimental value, a sale would cause disproportionate harm, or where there is evidence of bad faith by the co-owner(s). Again, courts have discretion in how they approach these matters but generally prioritize economic fairness.

Why Legal Guidance Matters

Partition by sale is a powerful tool but, at the same time, is often procedurally complex. Disputes over ownership interests and failure to account for financial contributions can delay proceedings or reduce a client’s recovery. An experienced real estate attorney can help file the lawsuit for partition correctly, seek equitable offsets or reimbursements for contributions to the property, navigate referee appointments and court supervised sales, and defend against claims of waiver.

If you are a co-owner of real property and you have reached an impasse with your fellow co-owners, partition by sale may be your path forward to resolution. While the law protects your right to force a sale, navigating the process requires experienced legal counsel.

Here at Webb Law Group, our team of attorneys and support staff have extensive experience in partition litigation through judgment. Contact our office today to schedule a consultation and learn how we can help you unlock your interest in real property through a partition action.

About Chandler Gietzen

Chandler Gietzen has been with Webb Law Group since 2019 and focuses primarily on business litigation. Mr. Gietzen’s cases revolve around contract disputes, employment actions, corporate compliance, class actions, and serving as external general counsel.

Mr. Gietzen is skilled in drafting and oral advocacy at both the trial and appellate court levels. Mr. Gietzen has argued cases before the San Diego and Fresno County Superior Courts, argued appeals before the Fifth Circuit Court of Appeal and all three divisions of the Fourth Circuit Court of Appeal, and argued law and motion before the United States Bankruptcy Court for the Eastern District of California.

Mr. Gietzen attended California Polytechnic State University in San Luis Obispo for his undergraduate degree, where he earned a Bachelor of Arts in Political Science with a concentration in Business, Economics, and Politics.

After obtaining his undergraduate degree, Mr. Gietzen pursued his law degree from California Western School of Law. Mr. Gietzen graduated magna cum laude in December of 2024. In his time at California Western School of Law, Mr. Gietzen received a Distinguished Advocate Award for his appellate work and Academic Excellence Awards for Commercial Real Estate Transactions and Advanced Legal Research.