Frequently Asked Questions

Co-ownership disputes and inherited property conflicts often raise uncertainty. You probably have questions about your rights and the legal process. Below, we’ve answered some of the most common questions about partition actions.

If your concern isn’t covered here, contact our legal expert in partition law today for clear answers and tailored advice.

1. Who Can File a Partition Action?

Any co-owner can file a partition action. The size of your ownership share does not limit a partition action. Even if you own just 10% of a property, you have the legal right to demand partition. This applies whether the property is held as:

Tenancy in Common: owner holds an individual and undivided interest.

Joint Tenancy: property owners share equal rights.

Heirs’ Property: inherited property shared among family members.

Courts recognize that forcing people to remain tied to a property against their will is unfair. That’s why almost every jurisdiction provides a statutory right for a co-owner to file.

If four siblings inherit a home, one wants to sell, and the others don’t, so that sibling can still file a partition action.

However, filing doesn’t mean the court will divide the property exactly as you want. The court will consider practicality and fairness. Even local statutes require that one decide whether to divide it physically (partition in kind) or order a sale.

2. What types of partition actions exist?

There are generally two types of partition actions: partition in kind and partition by sale.

a) Partition in Kind

This is when the court physically divides the property among the co-owners. For example, the property is several acres of land. The judge may order each heir or co-owner to get a portion. It’s considered the “preferred” method in many states.

It allows people to retain their ownership rather than forcing a sale. But it’s only practical if the property can be divided fairly without losing value. You can’t exactly split a single-family home down the middle!

b) Partition by Sale

In some cases, physical division isn’t realistic, such as in a house or apartment building. The court may then order the property sold. The proceeds are then divided among the co-owners. It can be emotionally challenging for someone who wants to keep the property for sentimental reasons.

In short, partition in kind retains the property, while partition by sale converts it into cash.

Courts typically consider fairness and practicality to determine whether a division would harm the property’s overall value. After that, the court decides which path to take.

3. How Long Does a Partition Action Take?

Every case is unique, but most partition cases typically take between 6 months and 2 years.

Factors that affect duration include:

Complexity of Ownership: More owners = more disputes.

Type of Property: Vacant land is easier to divide than a family home.

Court Backlog: The pace of a case often depends on the court’s workload.

Disagreements along the Way: If owners argue about valuation or sales methods, the process stretches longer.

According to the American Bar Association, disputes that go to full trial can last over 18 months on average. Mediation or settlement during the process can significantly shorten the timeline.

If you think the conflict will be prolonged, consider requesting early mediation. Although mediation may not fix all problems, it tends to reduce them and save time.

4. What if One Co-Owner Refuses to Sell?

This is one of the most frustrating situations when some co-owners want to sell, and others refuse.

Legally, a refusal does not stop a partition action. Courts can still order a sale or division even over the objections of some owners.

But courts do consider fairness. For example:

Courts sometimes consider the hardship of a co-owner who actually lives in the property and has no other housing options.

Courts sometimes divide property into parcels, allowing each owner to retain a portion and avoid a forced sale.

In cases involving heirs’ property, recent reforms, such as the Uniform Partition of Heirs Property Act (UPHPA), encourage courts to offer families more options. For example, allowing one heir to buy out the others at their appraised value.

A single-family home can’t usually be physically divided. In that scenario, the court almost always orders a sale, with proceeds divided according to ownership shares.

So while refusal might delay things, it rarely prevents the sale or partition once the case is in court.

5. Do I Need a Lawyer?

While it is possible to file or defend a partition action without a lawyer, in practice, having legal representation is highly recommended.

Here’s why:

Complex procedures: Filing requires detailed paperwork and correct notices to all owners.

Financial accounting: Courts may adjust payouts to reflect who paid taxes or a mortgage. Proving these contributions requires careful documentation.

Emotional stakes: Partition actions often involve family disputes. A lawyer acts as a buffer, helping reduce personal conflict.

Better results: You’re more likely to get fair reimbursement and a smoother process with professional advocacy.

Even if you don’t hire a lawyer for the whole case, an initial consultation can help you understand your rights and risks.

6. Can We Settle Before Court?

Yes, and it’s often the best outcome.

A partition action doesn’t always have to end with a judge’s decision. Many co-owners settle partway through, or even before filing, by using:

Mediation: A neutral third party helps find a mutually acceptable solution. The American Arbitration Association reports that in 2024, mediation filings reached $12 billion, with settlements occurring in a median of 114 days, helping parties resolve disputes quickly and move forward.

Voluntary Sale: Agreeing to sell and split proceeds usually brings a higher market value than a court-ordered auction.

Buyouts: One co-owner purchases the shares of the other co-owners at a fair market valuation.

Co-Ownership Agreements: An agreement on future tasks and exit schemes will help avoid conflicts entirely.

If two co-owners disagree but one has the financial ability to buy out the other, a private settlement can resolve the issue in weeks, avoiding months of litigation.

Settling doesn’t just save time and money. It also helps preserve relationships, which can be especially important when family members are involved.

Why Are Partition Actions More Than Just About the Law?

Partition actions aren’t just about property, they’re about people. Families fight over inherited homes, friends lose trust over financial matters, and businesses collapse under disputes over co-ownership.

1. Emotional toll: Courtroom conflicts can have a lasting and damaging impact on relationships.

2. Financial loss: Forced sales can result in significantly lower prices than market value.

3. Lost opportunities: Disputed property often can’t be improved, rented, or refinanced until it is resolved.

That’s why exploring alternatives before stepping into court is so important.

What Are the Steps for Co-Owners Considering Partition?

If you’re facing disputes, here’s how to protect yourself:

Gather Documentation: Keep records of payments, taxes, and contributions.

Seek Appraisals: Independent valuations prevent disputes over market value.

Explore Mediation Early: It’s a more cost-effective and efficient alternative to litigation.

Consult a Lawyer: Even a short consult can clarify your rights.

Think Long-Term: Ask yourself whether preserving relationships is worth more than squeezing every last dollar from the property.

What Should You Do When Co-Ownership Disputes Can’t Be Resolved?

A partition action can resolve co-ownership disputes, though it should be the last resort. Before resorting to the courts, consider alternatives such as negotiation or mediation, which can save money and preserve relationships.

When a compromise is not possible, it is essential to remember that the law protects your right to partition.

However, navigating the process on your own can be overwhelming and risky. An experienced partition lawyer can provide you quality legal representation, help avoid costly mistakes, and protect your interests – all while working to minimize conflict and preserve personal relationships.

If you are stuck in a co-ownership dispute, contact us. We are a team of experienced and trusted partition lawyers representing clients in and across the US, including California, Texas, New York, and Florida.

Schedule a consultation with our partition attorney today. Let us represent your case and help you achieve the best possible outcome.