Co-Ownership Disputes
Our team of partition attorneys in San Diego can assist co-owners with frequently asked questions about partitions, such as:
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- 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.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.

Our East County San Diego Partition Attorneys Know San Diego County
East County is a region of San Diego County, California, located east of the city of San Diego. It is home to many of the county’s rural and suburban communities, including El Cajon, La Mesa, Santee, Lakeside, and Alpine. The area is known for its rolling hills, rural atmosphere, and small-town charm. It is also home to many parks, trails, and outdoor recreation areas, including Mission Trails Regional Park, Cuyamaca Rancho State Park, and Lake Jennings. East County is also home to a variety of cultural attractions, including the San Diego Air and Space Museum, the San Diego Zoo Safari Park, and the San Diego Automotive Museum.
Charlet v. Kay – Partition Action Case Study
In the legal case of Charlet v. Kay, 2015 WL 403649, B247617 (30-Jan-2015), 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 siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the partition should be done by physical division of the home, or by a sale of the home and a division of the proceeds. The court ultimately decided that the partition should be done by a sale of the home and a division of the proceeds.
Contact an Experienced Partition Attorney in East County San Diego, California
If you want to end your co-ownership relationship, but your co-owner refuses, 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 San Diego County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (858) 800-3300 or fill out a contact form online.