Partition Attorneys in Contra Costa County
When co-owners of a Contra Costa County home or rental can’t agree on what to do with it, a partition action lets the court order it sold and divide the proceeds. From Walnut Creek to Antioch to San Ramon, we handle these cases every day — and only these cases.
The co-ownership disputes we see most in Contra Costa County
Established neighborhoods in Central County, rentals in West County, and newer subdivisions in East County each bring their own co-ownership disputes.
Siblings inherited the house and one won’t sell
A parent’s home in Concord, Pleasant Hill, or Martinez passes to several children who can’t agree on keeping it or selling it. Since 2023, California’s Partition of Real Property Act adds extra steps for many family-owned properties, so it pays to work with attorneys who handle these cases every day.
Co-buyers of a newer home want different things
Friends, relatives, or former partners who bought a newer home in Brentwood, Oakley, or Antioch together no longer agree on what to do with it. If one owner won’t sell or refinance, partition is how the property gets sold.
Co-owners of a rental can’t agree on a plan
Co-investors in a Richmond or San Pablo rental disagree on tenants, repairs, or an exit. A partition action ends the deadlock and includes an accounting of the rent and expenses.
You bought with a partner, and the relationship ended
Unmarried co-owners don’t have a family court to divide the property. If your ex won’t sell or refinance you off title, partition is how the property gets sold, with credits for who paid what.
Contra Costa County co-owners: the longer you wait, the more it costs
You can’t make a co-owner cooperate, but you don’t need them to. In California, a co-owner generally has the right to file a partition action without the other owners’ permission.
The bills keep coming
- If you wait
- Your share of the mortgage, property tax, and insurance keeps coming due whether or not you can use the property.
- Once you file
- Payments you made can be credited back to you from the sale proceeds, and a co-owner in sole possession may owe you for its use.
Nothing happens on its own
- If you wait
- Your co-owner can ignore calls and letters for as long as they like.
- Once you file
- Contra Costa Superior Court sets the schedule. Your co-owner must respond to the lawsuit or risk a default.
The property can slip in value
- If you wait
- Neglect, liens, or a co-owner’s creditors can cut into what your share is worth.
- Once you file
- A recorded lis pendens puts buyers and lenders on notice of your claim, and the sale happens under court supervision.
How much of your money is locked in this property?
Your share of the equity
Money you own but can’t touch until the property is sold.
What another year of waiting costs
Paid out of your pocket on a property you can’t use or sell.
Start Your PartitionEstimate for illustration only, before sale costs and court-ordered credits. A partition attorney can tell you what applies to your property.
Ready to get your share out of your Contra Costa County property? Let’s start your partition.
Start Your PartitionWhat makes a Contra Costa County partition different
Every partition follows California law, but Contra Costa County properties raise issues we plan for from the first call.
- Local rent rules. Richmond and Antioch have their own rent and eviction rules. If the property is rented, those rules can affect how quickly it can be sold vacant and what buyers will pay.
- Special taxes and HOAs. Many newer East County and San Ramon communities carry HOA dues or Mello-Roos special taxes, which affect carrying costs and buyer demand. We factor them into the sale.
- City transfer taxes. Some cities in the county, including Richmond, charge their own transfer tax on top of the county’s. We account for it up front so nothing comes as a surprise at closing.
Someone living there?
Whether it’s a tenant, a relative, or a co-owner who won’t leave, who is living in the property shapes how and when it can be sold.
Our approach: we deal with occupancy at the start of the case, so it doesn’t hold up the sale or reduce your share.
Who pays the attorney’s fees? In a California partition, the court can divide the fees and costs incurred for everyone’s benefit among all co-owners in proportion to their interests, under Code of Civil Procedure 874.010 and 874.040.
Tell us about your Contra Costa County property
A partition attorney will review your situation and explain your options — usually in a 15-minute call.
- Who’s on title and how title is held
- How tenants or HOA rules affect the sale
- Credits you may be owed for payments you made
- Whether fees can be shared with the other co-owners
Prefer to talk now?
(925) 999-7700Questions Contra Costa County co-owners ask us
Can a co-owner force the sale of a Contra Costa County property?
Yes. California law generally gives every co-owner the right to ask the court to divide or sell the property, unless that right was given up in a written agreement. See the full California partition statutes.
Where is a Contra Costa County partition case filed?
In the Superior Court of California, County of Contra Costa, because that is where the property is located.
Can a property with tenants be partitioned?
Yes. Tenants don’t prevent a partition, but local rent and eviction rules affect how and when the property is sold. We plan for that from the start.
Do I need my co-owner’s permission to file?
No. A California co-owner generally has the right to file a partition action without the other owners’ consent. Your co-owner is served with the lawsuit and must respond to it.
Will the property be auctioned at the courthouse?
Rarely. In most cases a court-appointed referee lists the property on the open market with a real estate broker, which typically brings a better price than an auction.
