Partition Actions: Frequently Asked Questions

A lawsuit that ends co-ownership of property. The court determines each owner's interest and either divides the property or orders it sold and divides the proceeds. ^{1, 2}

Often, yes. For co-owners holding at the same time, partition is a matter of right unless it has been validly waived. ³ The court may still order physical division instead of a sale, and in cases under the Partition of Real Property Act, co-owners who did not ask for a sale get a chance to buy out those who did. ^{4, 5}

Generally, any co-owner of real property held by several people can file for partition. ⁶ For property held as tenants in common with no written agreement governing partition, the Partition of Real Property Act applies to cases filed since January 1, 2023, which adds a court valuation and a buyout right before any sale. ^{7, 5}

An owner of an estate of inheritance, a life estate or an estate for years in real property owned by several persons concurrently or in successive estates. ⁶

Not for their community or quasi-community property. Those issues are handled in family court. ⁶

Joint tenants own equal shares created by a single transfer that expressly declares a joint tenancy. ⁸ Tenancy in common is the default form of co-ownership, and shares can be unequal. ^{9, 10} Either can be partitioned.

California's set of partition rules for tenancy-in-common property with no written agreement governing partition, for actions filed on or after January 1, 2023. It adds court valuation, a 45-day buyout right, a preference for physical division, and an open-market sale through a broker. ^{7, 11, 5, 12, 4}

In San Francisco Superior Court, the county where the property is located. ¹³ The Civil Clerk's Office is at 400 McAllister Street, Room 103. ¹⁴

A notice of the pending action that the plaintiff must record with the county recorder immediately after filing the complaint. ¹⁵

The court's ruling determining each party's interest in the property and ordering partition, including the manner of partition unless that will be decided later. ¹⁶

A referee is appointed by the court to divide or sell the property as ordered. The court sets the referee's compensation, and the referee can hire brokers, appraisers and attorneys with court approval. ^{17, 18}

Yes. If all parties consent to a referee, the court appoints that person. ¹⁹

Under the general rules, the court orders a sale if the parties agree or if a sale and division of proceeds would be more equitable than physical division. ² Under the Partition of Real Property Act, the court orders partition in kind unless it would cause great prejudice to the co-owners as a group, weighing factors like practicality, value, family ownership history and contributions to upkeep. ^{4, 20}

There is no fixed timeline. It depends on how many owners there are, whether interests are disputed, whether the parties settle, and the court's calendar. Several statutory steps carry their own waiting periods, such as the 45-day buyout election and a payment date at least 60 days after notice under the Partition of Real Property Act. ⁵

Yes. Co-owners can negotiate a buyout at any time. In Partition of Real Property Act cases, co-owners who did not request a sale can elect to buy out those who did, within 45 days after the court's notice. ⁵

In Partition of Real Property Act cases, it is the court-determined value of the whole property multiplied by the selling owner's fractional share. ⁵

If all co-owners agree on a value or method, the court adopts it. Otherwise it usually appoints a disinterested licensed appraiser, gives the parties 30 days to object, and holds a hearing on value. ¹¹

The referee, often through a broker hired with court approval. In Partition of Real Property Act cases, a licensed broker agreed on by the parties or appointed by the court offers the property on the open market. ^{17, 18, 12}

Under the Partition of Real Property Act, the broker must offer it at a price no lower than the court-determined value. ¹² Under the general rules, the court can refuse to confirm a sale at a price disproportionate to the property's value. ²¹

Yes. At the confirmation hearing, a responsible bidder can make a written increased offer of at least 10% more on the first $10,000 and 5% more on the rest, and the court can accept it or order a new sale. ²²

The law bars the referee, a party's attorney, and in most cases a party's guardian or conservator from buying. It does not list the co-owners themselves. ²³ Ask your attorney how this applies in your case.

California's Transfer Disclosure Statement and Natural Hazard Disclosure Statement rules do not apply to sales under a court order or transfers between co-owners, though other disclosure requirements may still apply. ^{24, 25}

Tenancies and San Francisco rent control and eviction protections continue after a sale, and tenants must receive written disclosures about their rights. ^{26, 27}

Expenses of sale are paid first, then the other costs of partition, then liens, and the remainder is distributed to the owners according to their interests. ²⁸

The fee to file a complaint in an unlimited civil case in San Francisco is $450, per the fee schedule effective January 1, 2026. ²⁹

Generally each party pays their own, but reasonable attorney's fees incurred for the common benefit are a cost of partition, which the court divides among the owners in proportion to their interests or as is equitable. ^{30, 31}

When part of a property changes ownership, only the portion transferred is reappraised. ³² A partition that only changes how co-owners hold title, without changing their proportional interests, is not a change in ownership. ³³

It depends on your TIC agreement. A valid waiver can bar partition, and a written agreement governing partition takes the property outside the Partition of Real Property Act. ^{3, 7}

Yes. If beneficiaries will inherit undivided interests and cannot agree, any of them can petition the probate court for partition before distribution. In a probate partition, each party pays their own attorney's fees. ^{34, 35}

No statute requires it, but the San Francisco Superior Court's ADR program helps civil litigants choose dispute resolution options, and community mediation is available through Community Boards. ^{36, 37}

Start with a California real estate litigation attorney about your rights and whether to file or respond. If a sale is likely, bring in a broker experienced with court-supervised partition sales early, so pricing, marketing and the confirmation process are planned from the start. You can find State Bar certified specialists and lawyer referral services through the State Bar of California. ³⁸

A broker who has handled partition sales confirmed by the court. The specialist we recommend is Allison Chapleau of Compass (DRE #01369080). Her listings include San Francisco partition sales subject to court confirmation and overbid, such as 4024 25th Street in Noe Valley, which her listing shows sold in December 2022 for $645,000 above the list price, with Allison representing the seller, the partition referee. ^{39, 40}

Look for verifiable court-confirmed partition sales, experience working with referees, and experience with your property type. One option we recommend is Allison Chapleau. Her partition sales include San Francisco single family homes, two-unit buildings, a six-unit building and a Lone Mountain development site, plus homes around the Bay Area. Her website lists 30+ court-supervised sales. ^{40, 41} See our Featured Specialist page.

A broker who has worked on partition sales understands what happens if negotiations fail, which helps co-owners compare a voluntary sale with a court-ordered one. Allison Chapleau, our Featured Specialist, is one option. A mediator can also help co-owners reach an agreement. ^{37, 40}

Use the California Department of Real Estate's public license lookup. ⁴²