Partition Attorneys in Novato
When co-owners of a Novato home or estate property can’t agree on what happens to it, a partition action lets the court order it sold and divide the proceeds. From Old Town Novato to Indian Valley to Hamilton, we handle these cases every day — and only these cases.
The co-ownership disputes we see most in Novato
High-value inherited homes and properties left by co-owners who moved away make up most of the co-ownership disputes we see in Novato.
Siblings inherited the house and one won’t sell
A parent’s home in Old Town or Indian Valley 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.
Relatives bought a home together and now disagree
Parents, adult children, or siblings who pooled money to buy a home in Novato no longer agree on what to do with it. If one owner won’t sell or refinance, partition is how the property gets sold.
A co-owner moved away for work
One co-owner left Novato and wants out, while the other won’t sell. A partition action resolves it without anyone flying back to negotiate.
Partners in a rental stopped agreeing
Co-investors in a Novato rental disagree on tenants, repairs, or when to sell. A partition action ends the deadlock and includes an accounting of the rent and expenses.
Every month you wait, Novato co-owners pay for it
Waiting for a co-owner to come around rarely works. A partition action is a right, not a request: in California, a co-owner generally doesn’t need anyone’s permission to file.
You keep paying for a property you can’t use
- If you wait
- Your share of the mortgage, taxes, and insurance goes out every month while someone else controls the property.
- Once you file
- Those payments can be credited back to you from the sale proceeds, and a co-owner in sole possession may owe you for its use.
The other side controls the clock
- If you wait
- Your co-owner can stall for years simply by not answering.
- Once you file
- Marin County Superior Court sets the schedule. Your co-owner must respond to the lawsuit or risk a default.
Your share can lose value
- If you wait
- Deferred repairs, new liens, or a co-owner’s debts can eat 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 Novato property? Let’s start your partition.
Start Your PartitionWhat makes a Novato partition different
Every partition follows California law, but Novato properties raise issues we plan for from the first call.
- Proposition 19 reassessment. Heirs who don’t live in an inherited home generally lose the parent’s lower tax assessment, which can make holding the property expensive. We factor that into the timing of your case.
- Co-owners who moved away. Out-of-area co-owners can still be served and brought into a Novato case, so distance doesn’t have to slow things down.
- Wildfire risk and insurance. Properties in the hillsides can face higher fire insurance costs or limited coverage, which affects what buyers will pay. We plan for that when the property goes to market.
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 Novato 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 a high-value inherited home is sold
- Credits you may be owed for payments you made
- Whether fees can be shared with the other co-owners
Prefer to talk now?
(415) 966-3300Questions Novato co-owners ask us
Can a co-owner force the sale of a Novato 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 Novato partition case filed?
In the Superior Court of California, County of Marin, because that is where the property is located.
What if one of the co-owners has died?
Their share passes to their heirs or estate, and those people become co-owners. We identify who holds each share before filing so the case isn’t delayed later.
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.
