Jointly Owned Property Issues in
Our team of partition attorneys in Marin can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- 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 are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.

Our North Bay Partition Attorneys Know Marin County
The North Bay area of California is located in the northern part of the state, and is comprised of several counties including Marin, Sonoma, Napa, Solano, and Lake. It is known for its beautiful scenery, including rolling hills, vineyards, and redwood forests. The area is home to many popular tourist attractions, such as the Napa Valley Wine Train, the Sonoma Valley Museum of Art, and the Marin Headlands. The North Bay is also home to several universities, including Sonoma State University, Santa Rosa Junior College, and the University of California, Davis. The area is known for its mild climate, and is a popular destination for outdoor activities such as hiking, biking, and kayaking.
Dilonell v. Chandler – Partition Action Case Study
In the legal case of Dilonell v. Chandler, 2022 WL 854908, B310695 (23-Mar-2022), the issue of partition was at the center of the dispute. The parties had entered into a contract for the sale of real property, and the contract provided for the partition of the property into two separate parcels. The plaintiff, Dilonell, alleged that the defendant, Chandler, had failed to comply with the terms of the contract and had refused to partition the property. The court found that the contract was valid and enforceable, and that Chandler had breached the contract by failing to partition the property. The court ordered Chandler to partition the property in accordance with the terms of the contract.
Contact an Experienced Partition Attorney in North Bay, 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 Marin County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (707) 777-6600 or fill out a contact form online.