Understanding Co-Ownership in Sacramento County
Our team of partition attorneys in Sacramento can assist co-owners with frequently asked questions about partitions, such as:
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.

Our Citrus Heights Partition Attorneys Know Sacramento County
Citrus Heights is a city located in Sacramento County, California. It is a suburb of Sacramento and is located about 15 miles northeast of the city. The city is known for its diverse population, its many parks and trails, and its vibrant shopping and dining scene. Citrus Heights is home to a variety of businesses, including retail stores, restaurants, and medical facilities. The city is also home to several schools, including San Juan Unified School District, San Juan High School, and San Juan College. Citrus Heights is a great place to live, work, and play.
Citrus Heights, California was founded in the late 1950s as a planned community. The city was incorporated in 1997 and is located in Sacramento County. The city was named for the citrus groves that were once abundant in the area. The city has grown rapidly since its incorporation, and today it is home to over 87,000 people. The city is known for its diverse population, its many parks and trails, and its vibrant shopping and dining scene. Citrus Heights is also home to a number of notable attractions, including the Sunrise Mall, the Rusch Park Community Center, and the Citrus Heights Community Center.
Higgins v. Higgins – Partition Action Case Study
In the legal case of Higgins v. Higgins, 46 Cal. 259 (1873), the issue was whether a partition of real property could be made between two co-owners. The court held that a partition could be made, but only if it was done in a manner that was fair and equitable to both parties. The court noted that the partition should be made in such a way that each party receives an equal share of the property, and that the partition should not be made in a way that would be detrimental to either party. The court also noted that the partition should be made in a way that would not cause any unnecessary hardship or expense to either party.
Contact an Experienced Partition Attorney in Citrus Heights, 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 Citrus Heights have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Sacramento County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (916) 668-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Citrus Heights, California
Our partition attorneys in Citrus Heights also serve Roseville, Rocklin, Fair Oaks, Orangevale, Antelope, North Highlands, Folsom, and Carmichael