In other words, just because you choose to file a partition complaint doesn't mean you have to go to court to finish the process. 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.In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. 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.