We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. 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.Below is a form complaint for partition in California that is intended to be used in consultation with a real estate attorney. The UPHPA and Partition of Real Property Act may overtly favor partition in kind, that remedy is simply not available for most Californians. A partition action is a legal procedure used to divide a jointly owned property among coowners or to sell the property and distribute the proceeds. A partition agreement may be an express statement that the right to partition is waived. In the context of probate, for example, a decedent may have explicitly disallowed their real property from being sold in their will or trust. The property must be held in tenancy in common without a binding agreement for partition. The Anatomy of a Partition Action in Southern California Courts. It is usually started when coowners cannot come to an agreement regarding the property.
