After an action is filed, the Court must determine whether the filing party has the right to partition. California Code of Civil Procedure Section 872.210.A partition lawsuit requires real estate to be sold regardless of the requests of the other title owners. For a free, 15-minute consultation with experienced partition attorney at Partition Lawyer California, call (510) 999-3300 or fill out a contact form online. The purpose of a partition action is to allow coowners to obtain individual title to some defined portion of a jointly owned property. In California, the right to partition property is absolute, subject to very minor exceptions. A California partition action is a law that allows co-owners of real property to divide the property among themselves.