Co-Ownership Disputes
Our team of partition attorneys in Fresno, Madera, Kings, Tulare, Kern, Merced, Mariposa, Stanislaus, San Joaquin can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.

Our Central California Partition Attorneys Know Fresno, Madera, Kings, Tulare, Kern, Merced, Mariposa, Stanislaus, San Joaquin County
Central California is a region of California located in the Central Valley, the most populous and agriculturally productive region of the state. It is home to some of the state’s most populous cities, including Fresno, Bakersfield, Modesto, Stockton, and Sacramento, the state capital. The region is known for its diverse landscape, ranging from the Sierra Nevada mountain range in the east to the coastal mountain ranges in the west. It is also home to some of the state’s most productive agricultural land, producing a variety of crops, including grapes, almonds, and tomatoes. Central California is also home to a number of national parks, including Yosemite, Sequoia, and Kings Canyon. The region is also known for its vibrant cultural scene, with a variety of museums, galleries, and performing arts venues.
West v. Woods – Partition Action Case Study
In the legal case of West v. Woods, 2010 WL 2351923, B213996 (14-Jun-2010), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings should be allowed to partition the home, meaning that each sibling would receive a portion of the home, or whether the home should be sold and the proceeds divided between the siblings. The court ultimately ruled that the home should be partitioned, with each sibling receiving a portion of the home.
Contact an Experienced Partition Attorney in Central California, California
If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Fresno, Madera, Kings, Tulare, Kern, Merced, Mariposa, Stanislaus, San Joaquin County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (559) 777-5500 or fill out a contact form online.