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.

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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 guide

The Partition Process

Step by step: complaint, lis pendens, interlocutory judgment, referee, valuation, buyout, sale and distribution

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Selling a Property in a Partition

Referee and broker sales, open-market sales, court confirmation, overbids and occupied properties

Read the guide

Buyouts and Alternatives

Negotiated buyouts, statutory buyouts, mediation, probate partitions, and TIC agreements

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Partition Costs

Filing fees, attorney fees for the common benefit, referee fees, commissions and taxes

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Partition FAQ

Answers to the most common questions

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Resources

Court pages, statutes, city agencies, mediation and legal help

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Featured Specialist

The San Francisco Realtor we recommend for court-supervised partition sales

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The people involved in a partition

RoleWhat they doSource
PlaintiffThe co-owner who files the action3
DefendantsAll persons with interests of record, known to the plaintiff, or reasonably apparent from inspecting the property13
JudgeDecides the owners' interests and the manner of partition in an interlocutory judgment14
RefereeCourt-appointed person who divides or sells the property as ordered8
AppraiserUnder the Partition of Real Property Act, a disinterested licensed appraiser the court may appoint to set fair market value15
Real estate brokerHired by the referee with court approval, or appointed by the court for an open-market sale910
AttorneysRepresent each co-owner; reasonable fees for the common benefit can be a cost of partition16