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I talk with co-owners in Redding, Anderson, Red Bluff, and Corning who share a house and cannot agree on what to do with it. Sometimes a sibling wants to keep the family place. Sometimes an ex or a friend wants out. Both positions are common, and neither one makes you the villain. I'm a home buyer, not a lawyer. This page explains how a California partition action works, the buyout right, and the options to try first. This is general information, not legal advice. Talk to a California real estate attorney about your situation.
A partition action is a lawsuit that asks a California court to end co-ownership of property. The court can divide the property or order it sold and split the money by each owner's share. Under the Partition of Real Property Act, co-owners who didn't ask for a sale can get a chance to buy out those who did.
A partition action is a civil lawsuit. Under Code of Civil Procedure section 872.210(a), a co-owner can start one and ask the court to end shared ownership. The court can divide the property or order it sold and split the money by each owner's share.
Spouses and putative spouses cannot partition community, quasi-community, or quasi-marital property under this title (section 872.210(b)). A divorce belongs in the family law case. When every owner who can legally sell is ready to sign, see selling a house during a divorce. Unmarried co-owners who hold title together can use a partition action.
I'm a home buyer, not a lawyer. Either co-owner may be reading this. A California real estate attorney reads the deed.
Partition in kind is a physical division. Section 872.820 is the sale statute. In Butte Creek Island Ranch v. Crim (1982), the Court of Appeal described a presumption in favor of physical division. The court orders a sale, and may appoint a referee, when the parties agree, or when a sale would be more equitable than division.
Section 872.830 allows a partial sale. The court can sell part of the property and divide the rest when that is more equitable.
A single house usually can't be split down the middle, so ask your attorney which is likely for your property.
The Partition of Real Property Act is Code of Civil Procedure section 874.311 and the sections that follow. It began in 2022 as the Uniform Partition of Heirs Property Act (AB 633). AB 2245 renamed it and broadened it.
It applies to actions filed on or after January 1, 2023, for real property held in tenancy in common where there is no recorded partition agreement among all the co-owners (section 874.311). The chapter controls unless all the co-owners agree otherwise in a record (section 874.313). Ask your attorney whether it applies to your title.
The court determines fair market value, usually by appraisal, unless all the co-owners agree on the value. A party has 30 days to object (section 874.316).
The buyout right is in section 874.317. Within 45 days, a co-owner who did not request a sale may elect to buy all the interests of the co-owners who did. The price is the court's value multiplied by the selling owner's fractional share. The payment date is at least 60 days after notice.
If there is no buyout, the court orders partition in kind unless that would cause great prejudice to the cotenants as a group. Otherwise it orders a sale, generally an open-market sale through a licensed broker at no less than the determined value (sections 874.318 and 874.320).
A co-owner can ask the court to end the co-ownership. The court decides how. A sale is not automatic, and it is not a fast process.
If the house is still in an estate, partition may not be the first step. Authority to sell often sits with the executor or administrator after the court issues Letters, or with the successor trustee. Read what probate actually means in Shasta County, selling an inherited house, and selling inherited property in Redding.
I don't quote a price or a duration. Section 874.010 says costs of partition can include reasonable attorney's fees for the common benefit, referee fees, a surveyor, and a title report. Section 874.040 says the court apportions those costs by each owner's interest, or as it finds equitable. Appraisals and hearings are built into section 874.316.
The Shasta Superior Court Self-Help Center doesn't assist general civil cases and recommends an attorney. Tehama SHARP (530) 527-8649 offers referrals. Every month the case runs, the house still needs taxes, insurance and upkeep.
If all the owners who can legally sell agree, I can make one written cash offer for the whole house that everyone sees at the same time. Each owner gets their share through escrow. Houses are reviewed case by case. We can close in as little as 7 days once everyone has signed and title is clear. You help choose a closing date that fits your move; staying after closing is handled case by case.
On a sale to us, we pay both the buyer's and the seller's closing costs.
The houses I review are single-family homes, mobile and manufactured homes on their own land (never in a park), rural acreage and small ranches, and duplexes or other small rentals. I don't buy vacant land. An unpermitted addition is reviewed case by case.
If the house is in great shape and everyone agrees, listing with a local agent may net more. I'll tell you if that's the case. Read cash offer vs listing with a realtor, how we buy houses, and how to spot a fake house buyer.
Three siblings inherit a house equally. The court value is $300,000, so each 1/3 share is $100,000. If one asks for a sale and the other two elect to buy, they pay $100,000 into court. If all three sell together for $300,000, each gets 1/3 of what's left after the mortgage, liens, and closing costs, through escrow.
Example only. Values, shares, costs and outcomes differ. Talk to a real estate attorney.
This is general information, not legal advice. Talk to a California real estate attorney about your situation.
A partition action is a lawsuit a co-owner can file under Code of Civil Procedure section 872.210(a) to end shared ownership of property. The court can divide the property or order it sold and split the money by each owner's share. Spouses cannot partition community or quasi-community property under this title. This is general information, not legal advice. Talk to a California real estate attorney about your situation.
A co-owner can ask the court to end the co-ownership. The court decides whether to divide the property or order a sale. A sale is not automatic, and it is not a fast process. If the house is still in an estate, partition may not be the first step. Talk with a California real estate attorney before anyone files.
Partition by sale means the court orders the property sold and the money split by each owner's share, instead of carving the land into pieces. Under section 872.820, a sale is ordered when the parties agree, or when a sale would be more equitable than division. The court may appoint a referee. A single house usually can't be split down the middle, so ask your attorney which is likely for your property.
Under section 874.317, a co-owner who did not ask for a sale may elect, within 45 days, to buy all the interests of the co-owners who did. The price is the court's value times that owner's fractional share. The payment date is at least 60 days after notice. If nobody elects, the court looks next at partition in kind. Ask a California real estate attorney whether this step applies.
It began in 2022 as the Uniform Partition of Heirs Property Act (AB 633). AB 2245 renamed and broadened it. It applies to actions filed on or after January 1, 2023, for property held in tenancy in common with no recorded partition agreement among all co-owners (section 874.311). It controls unless all co-owners agree otherwise in a record (section 874.313). Ask your attorney whether it applies to your title.
Generally not for community property. Section 872.210(b) says spouses and putative spouses cannot partition community, quasi-community, or quasi-marital property under this title. Divorcing couples use the family law case. Unmarried co-owners who hold title together can use a partition action. Talk to a California real estate attorney about your deed.
Costs of partition can include reasonable attorney's fees for the common benefit, referee fees, a surveyor, and a title report (section 874.010). The court apportions those costs by each owner's interest, or in a way it finds equitable (section 874.040). Appraisals and hearings are part of setting value (section 874.316). I don't quote filing fees. Ask a California real estate attorney.
Co-owners can try a private buyout with a trusted appraisal, mediation, or an agreement to sell the whole house together. If every owner who can legally sell agrees and signs, a cash buyer can make one written offer for the whole house that everyone sees at the same time. If the house is in great shape and everyone agrees, listing with a local agent may net more.
Only if every owner who can legally sell agrees and signs. We don't offer to buy one co-owner's share. If everyone agrees, we can make one written cash offer for the whole house that all owners see at the same time, reviewed case by case. We can close in as little as 7 days once everyone has signed and title is clear.
If every owner who can legally sell wants one number, send the address. I'll put the same written offer in front of all of you.
One written offer for the whole house. Every owner who can legally sell has to sign.
Or call (530) 999-7694.
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This is general information, not legal advice. Talk to a California real estate attorney about your situation. NorCal Home Offer is a home buyer, not a law firm. This page is general information, not legal advice. Laws change. Talk to a California real estate attorney about your situation. Last reviewed: October 12, 2026.