How can I legally force the sale of a property I co-own with someone else in California through a partition action?

You can legally force the sale of a co-owned property through a court process called a partition action, which is an absolute right for co-owners in California. Here is how to initiate a partition action to sell a property: Step 1: Send a Formal Demand Letter Before filing a lawsuit, have an attorney draft and send a formal demand letter to your co-owner(s). The letter should state your intent to file a partition action and offer to negotiate a voluntary sale or a buyout of your interest. This can sometimes resolve the issue without costly litigation. Step 2: File a Partition Complaint If negotiations fail, you must file a "Complaint for Partition by Sale" in the Superior Court of the county where the property is located. This legal document details the property, identifies all co-owners and their interests, and formally asks the court to order the sale of the property. You will need a copy of the property's deed to file with the complaint. Step 3: Serve the Lawsuit on All Co-Owners You must formally notify all other co-owners of the lawsuit. This is done through a legal process called "service of process," where each co-owner receives a copy of the Summons and Complaint. Once served, they typically have 30 days to file a formal response with the court. Step 4: Obtain a Court Order for Sale After the complaint is filed and served, your case will proceed. The court will first determine that you have a right to partition. Under California Code of Civil Procedure Section 872.820, the court will order the property to be sold if it is more equitable than a physical division, which is almost always the case for a single-family home. The court will appoint a "referee" (a neutral third party) to manage the sale. Important details and nuances: The court-appointed referee will hire a real estate agent, prepare the property for sale, and manage the entire sales process, similar to a standard market sale. Once the property is sold, the referee pays all costs of the sale, including their own fees, attorney fees, and realtor commissions. Any reimbursements for expenses like mortgage payments, taxes, or improvements paid by one co-owner are then calculated. The remaining proceeds are then distributed to the co-owners according to their ownership percentages. Warnings and limitations: Partition actions can be complex, time-consuming, and expensive. While you have a right to partition, the process can take many months to complete. The final sale price is subject to market conditions, and legal fees can reduce the net proceeds you receive. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney who can provide guidance specific to your case.