Jointly Owned Property Issues in
Our team of partition attorneys in Mendocino, Humboldt, Del Norte 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.
- 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.
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.

Our North Coast Partition Attorneys Know Mendocino, Humboldt, Del Norte County
The North Coast of California is a region of the U.S. state of California that lies along the Pacific Ocean. It is home to some of the most beautiful and rugged coastline in the world, with towering redwood forests, pristine beaches, and picturesque coastal towns. The region is known for its mild climate, excellent wines, and outdoor activities such as hiking, camping, and surfing. The North Coast is also home to some of California’s most iconic landmarks, including the Golden Gate Bridge, Muir Woods National Monument, and Point Reyes National Seashore.
Kim v. Ai Soo Song Kim – Partition Action Case Study
In the legal case of Kim v. Ai Soo Song Kim, 2017 WL 3498916, B267969 (16-Aug-2017), the issue of partition was at the center of the dispute. The plaintiff, Kim, sought to partition a parcel of real property that was owned by the defendant, Ai Soo Song Kim. The defendant argued that the property was not subject to partition because it was held in joint tenancy with right of survivorship. The court found that the property was subject to partition because the defendant had failed to provide evidence that the parties had intended to create a joint tenancy with right of survivorship. The court also found that the defendant had failed to provide evidence that the parties had agreed to a partition agreement. The court ultimately ordered the property to be partitioned in accordance with the plaintiff’s request.
Contact an Experienced Partition Attorney in North Coast, 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 Mendocino, Humboldt, Del Norte 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.