What is a Partition Action in California

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What is a Partition Action in California

Undivided Trust property in Tehama
County.

Asked on October 28, 2016 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An action for partition is a legal action brought by one of at least two people with an economic interest in property (i.e. no need for it if there is only one owner or person with an interest in it), when the people with an economic interest (e.g. co-owners) cannot agree as to what to do with it. One or more of them files an action "for partition" in court, in which he/she/they ask the court to divide the property among the owners or those with an economic interest. Some property, like some unimproved real estate (fields, lots, etc.) can be physically divided--e.g. if there are two owners, each gets ownership of 1/2. Other times, the court will order the property sold and the proceeds (after paying any mortgages, liens, or costs of sale) divided among or between the owners.


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