Partition Actions in San Francisco: A Guide for Co-Owners Who Can't Agree
When co-owners disagree about a property
Siblings who inherit a house together. Former partners who bought a condo. Investors who co-own a small apartment building. When co-owners of San Francisco real estate cannot agree on whether to keep, sell or divide a property, California law gives each of them a way out: a partition action.
This guide explains how partition works in California and in the San Francisco Superior Court, what the court can order, what happens when a property is sold, and how co-owners can often settle before it gets that far. Every statement links to the statute or official source behind it.
Partition at a glance
What it is
a lawsuit in which the court divides co-owned property or orders it sold and divides the proceeds. 1, 2
Who can file
generally any co-owner of real property owned by several people at once. 3
Can the other owners stop it?
Generally no. Partition is a matter of right unless the right has been validly waived, for example in a written co-ownership agreement. 4
What the court can order
physical division (partition in kind), a sale with the proceeds divided, or, by agreement, partition by appraisal. 5, 6, 7
Who handles the sale
a referee appointed by the court, who may hire a real estate broker with court approval. Under California's Partition of Real Property Act, the default is an open-market sale through a licensed broker. 8, 9, 10
Can I buy out my co-owner?
Co-owners can always negotiate a buyout. In cases covered by the Partition of Real Property Act (property held as tenants in common with no written agreement governing partition), co-owners who did not ask for a sale can elect, within 45 days of notice, to buy out those who did, at the court-determined value. 11, 17
Where it's filed in San Francisco
the San Francisco Superior Court, Civic Center Courthouse, 400 McAllister Street. 12
This site is educational. It is not legal advice. For decisions about your property, speak with a California real estate litigation attorney.
Discover the guides on this site
What Is a Partition Action?
Co-ownership types, who can file, the three forms of partition, and California's Partition of Real Property Act
Read the guideThe Partition Process
Step by step: complaint, lis pendens, interlocutory judgment, referee, valuation, buyout, sale and distribution
Read the guideSelling a Property in a Partition
Referee and broker sales, open-market sales, court confirmation, overbids and occupied properties
Read the guideBuyouts and Alternatives
Negotiated buyouts, statutory buyouts, mediation, probate partitions, and TIC agreements
Read the guidePartition Costs
Filing fees, attorney fees for the common benefit, referee fees, commissions and taxes
Read the guideFeatured Specialist
The San Francisco Realtor we recommend for court-supervised partition sales
Read the guideThe people involved in a partition
| Role | What they do | Source |
|---|---|---|
| Plaintiff | The co-owner who files the action | 3 |
| Defendants | All persons with interests of record, known to the plaintiff, or reasonably apparent from inspecting the property | 13 |
| Judge | Decides the owners' interests and the manner of partition in an interlocutory judgment | 14 |
| Referee | Court-appointed person who divides or sells the property as ordered | 8 |
| Appraiser | Under the Partition of Real Property Act, a disinterested licensed appraiser the court may appoint to set fair market value | 15 |
| Real estate broker | Hired by the referee with court approval, or appointed by the court for an open-market sale | 910 |
| Attorneys | Represent each co-owner; reasonable fees for the common benefit can be a cost of partition | 16 |
San Francisco Partition Specialist
Allison Chapleau
Senior Vice President, Compass Commercial Brokerage
Need to sell a co-owned property in a partition, or want to avoid one? Allison has handled court-supervised partition sales in San Francisco and around the Bay Area, working with partition referees and sellers.
Reach out to Allison about:
- Valuing a co-owned property
- Working with a partition referee
- Court confirmation and overbids
- Agreed sales between co-owners
Sources
- California Code of Civil Procedure §872.020leginfo.legislature.ca.gov
- California Code of Civil Procedure §872.820leginfo.legislature.ca.gov
- California Code of Civil Procedure §872.210leginfo.legislature.ca.gov
- California Code of Civil Procedure §872.710leginfo.legislature.ca.gov
- California Code of Civil Procedure §872.810leginfo.legislature.ca.gov
- California Code of Civil Procedure §872.820leginfo.legislature.ca.gov
- California Code of Civil Procedure §873.910leginfo.legislature.ca.gov
- California Code of Civil Procedure §873.010leginfo.legislature.ca.gov
- California Code of Civil Procedure §873.110leginfo.legislature.ca.gov
- California Code of Civil Procedure §874.320leginfo.legislature.ca.gov
- California Code of Civil Procedure §874.317leginfo.legislature.ca.gov
- San Francisco Superior Court, Civil Divisionsf.courts.ca.gov
- California Code of Civil Procedure §872.510leginfo.legislature.ca.gov
- California Code of Civil Procedure §872.720leginfo.legislature.ca.gov
- California Code of Civil Procedure §874.316leginfo.legislature.ca.gov
- California Code of Civil Procedure §874.010leginfo.legislature.ca.gov
- California Code of Civil Procedure §874.311leginfo.legislature.ca.gov