We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. 1) Decide on each parties' putative interest in the property and ordering partition; and 2) The type of partition in kind or sale of the property.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 enables you to force the sale of property when coowners are refusing to sell. The right to partition can be waived if the correct agreement is executed. A deed recorded in the county recorder is the most acceptable form of evidence of coownership. Object of section is to afford each owner of property in joint tenancy a remedy to end such joint ownership.