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. A partition action enables you to force the sale of property when coowners are refusing to sell.Talkov Law's partition attorneys explain the process in which a property is sold in a partition action. Partition actions request the court to divide real property equitably (fairly) between interested parties, or they can force the sale of such property. A notice of private sale in a partition action is a required notice that the partition referee is likely to be marketing the property to the public. The UPHPA and Partition of Real Property Act may overtly favor partition in kind, that remedy is simply not available for most Californians. In other words, any co-owner can force the sale of the property. The first thing to do is to check out how the title is held. In other words, any co-owner can force the sale of the property. The parties will agree to the terms and conditions of the sale in writing.