Pros and Cons of a Partition Action

When real estate property is left to multiple beneficiaries in a will, the parties often do not agree on whether to utilize or sell the property. The law provides a solution in these cases called a partition action.  Under the California Code of Civil Procedure under C.C.P. 872.210, petitioning to partition is a legal right under the law. What is a Partition Action? There are two types of partition actions available in the State of California: “partition in kind” and “partition by sale”. A partition in kind action terminates each individual property owners’ interest in the real estate as joint owners and creates separate and divided portions of the property. A partition by sale action (also known as “succession”) sells