Partition Lawyer
Co-owning a property may seem like the ideal way to split costs and still own real estate—until disputes arise and no one can agree on how to handle them. When co-owners in San Bernardino or Riverside disagree about whether to sell, how to manage the property, or how to divide the financial responsibilities that come with property ownership, the situation can become adversarial very quickly. California law allows one party to seek a partition action, which allows one co-owner to force the sale of a jointly owned property. Whether you want to sell or your co-owner wants to force a sale, your first call should be to a partition lawyer.
These complex situations demand legal representation that advocates for clients, pushes for meaningful resolutions, and understands the complexity of real estate litigation. That’s where the team at Milligan, Beswick, Levine & Knox, LLP steps in. Attorney James Knox has spent nearly three decades representing clients, resulting in a long and impressive track record.
You’ll find Milligan, Beswick, Levine & Knox, LLP at 1447 Ford Street, Suite 201, in Redlands. We’re just moments off of I-10, so wherever you’re coming from, you’ll have no trouble reaching us. We’re near Redlands neighborhoods like South Redlands, Plymouth Village, and the Smiley Park Historic District, allowing us to be active members of the community. Call us at 909-894-0812 to discuss your next steps with our team.
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“Thank you again! Couldn’t be happier with how everything worked out! For anyone looking for a fantastic Law Firm, you’ve found it! Mr. Knox went above and beyond for me! All of the staff I encountered was very helpful and friendly. Will 100% use them again!”
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What is a Partition Action in California?
A partition action is a legal proceeding that lets one co-owner of a piece of property force a division or sale when co-owners cannot agree on how to manage the property. Partition actions are strictly governed by California law, and are often filed when:
- One co-owner wants to sell, and the other wants to keep the property but cannot refinance on their own
- Co-owners disagree about management or expenses related to the property
- A relationship or business partnership has ended, and jointly owned properties must be dealt with
- Inherited property leads to disputes among heirs
In most cases, a co-owner has the legal right to seek partition. Courts usually won’t force people to continue jointly owning property against their will.
When Do Partition Disputes Arise?
Partition actions most commonly arise when there are changes in personal, business, or financial circumstances. Examples include:
- Inherited property: When a decedent leaves real property to multiple heirs, it’s difficult for all of the heirs to agree on how to use the property. Some may want to live in the property, while others want to cash out their equity, and others may want to rent the property as an income source. This often leads to one heir pursuing a partition action.
- Unmarried couples: When a married couple divorces, ownership of the home is handled in the divorce. With unmarried couples, there is no legal process that automatically handles buyouts or transfers after a breakup. One party may choose a partition action to end the financial relationship.
- Investment property conflicts: Business partners may invest in property together, only to later disagree on management decisions, capital contributions, or income distribution. Should negotiations be unsuccessful, a partition action may be the only option.
- Post-divorce ownership: Former spouses may remain co-owners of property after divorce. This is somewhat common when parents agree to keep one parent in the home until the children reach adulthood and sell after. But if disagreements arise in the meantime, a partition action is the next step.
Types of Partition in California
California law recognizes several types of partition. Partition by sale is the most common type. The court orders the property to be sold, and the proceeds from the sale are divided among the co-owners after accounting for adjustments. If a parcel can be easily divided, the court may order partition in kind. This physically splits the property into separate portions, which isn’t always an option—particularly in single-family homes or small parcels. Finally, buyout arrangements may be an option. This isn’t technically a partition action, but it is a common outcome of negotiations that occur prior to a lawsuit.
“Partition actions aren’t about winning against a co-owner. They’re about addressing a situation that has become untenable. California law recognizes that no one should be forced to maintain joint ownership when it no longer serves them, and a partition action may protect your interests in these matters.” – Attorney James Knox
Why You Need a Partition Lawyer
Partition actions may seem straightforward at first glance, but they involve substantial sums of money and are very legally complex—particularly in a state that heavily regulates real estate, as California does. Furthermore, many situations involve other factors that must be considered during a partition. One co-owner may live in the property, and their usage of the property may come out of their share of equity. One co-owner may spend a substantial sum of money on upgrades or improvements, with or without the permission of other co-owners. This issue must also be handled.
Your partition lawyer can evaluate ownership interests, analyze each side’s financial contributions, consider reimbursement claims, negotiate buyouts, and represent you in court if the case cannot be negotiated.
A court-appointed referee remains neutral and handles some aspects of the process, but it’s still important for each side to have its own independent counsel to fully protect its interests.
Find Out How Our California Partition Lawyers Can Help You
Whether you co-own a property with siblings, an ex-partner, or a business partner, a partition action may allow you to cleanly sever the financial ties. Call us at 909-894-0812 or reach out online to discuss your options now.
