A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Learn about California's new partition laws designed for equitable division of property today.The Partition of Real Property Act in California is a newlyimplemented law that expands upon the Uniform Partition of Heirs Property Act. Partition actions involve courtordered divisions of property. It is usually started when co-owners cannot come to an agreement regarding the property. These methods involve a neutral third party helping the coowners reach an agreement. The only evidence you need to start a partition action is to show that you are the coowner of the property. The Court shall appoint a Referee to physically divide the property in the rare circumstance where that is possible, and if not to sell the property. Partition agreements: Draft a legally binding agreement that outlines how the property will be managed or eventually divided. The property must be held in tenancy in common without a binding agreement for partition.
