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. When it is clear that a partition lawsuit is necessary, then the process begins with the filing of a complaint in the county where the property is located.In a partition action, a coowner of a property is taking legal action to fairly divide the property among all coowners of the property. 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. Real estate partition laws can be confusing. Work with an attorney who has the experience you need to protect your interests. In addition to the Complaint, it is necessary to file the Judicial Council forms, Summons (SUM100) and Civil Cover Sheet (CM010). 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.