California  |  Real Estate Law

Legal Question

Asked on: 7/12/13, 6:25 pm

If I own 1/6 property and another individual owns 5/6 and wants to sell, can that person force me to sell my 1/6?

4 Answers


Answered on: 7/12/13, 7:07 pm by Bryan Whipple

Well, technically, yes, through a legal procedure known as a lawsuit for partition.

Partition lawsuits are the basic legal mechanism for unwinding unhappy co-ownership of real estate (or, for that matter, personal property as well). In a partition suit, the plaintiff asks the court to order the sale of the co-owned property and then, upon sale, to distribute the net proceeds of sale (after expenses and payoff of loans and liens) fairly to the former co-owners.

The action is referred to as a partition because, in earlier times, the court ordered a physical lot-split and each former co-owner ended up owning a fraction of the property. Nowadays, such a subdivision is generally impossible because (a) there is just one house on a small city lot, and/or (b) the modern laws regarding subdivision of parcels make it unlawful to further subdivide the parcel.

This is all background information, but possibly useful background. Other than a possible lawsuit for partition, the 5/6 owner (a) can sell his 5/6 interest to Joe Shmoe without your permission or knowledge , but (b) cannot do anything to upset, un-do or otherwise compromise YOUR 1/6 ownership. This assumes that the two of you have not entered into any kind of contract altering your rights. I also assume there are no other unusual facts that you didn't mention in your one-sentence question.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318

Other answers from this attorney

Answered on: 7/12/13, 8:02 pm by Anthony Roach

If the property is not legally physically divisible the court can order it sold to a third party and have the proceeds split based on the amount of your shares.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

Other answers from this attorney

Answered on: 7/15/13, 1:38 am by Terry A. Nelson

Yes, any owner can file a 'Partition' action for sale and accounting of the proceeds. You'd get your share.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Nelson & Lawless 18685 Main St., #175 Huntington Beach, CA 92648

Other answers from this attorney

Answered on: 7/18/13, 11:34 pm by John Laurie

Yes in a partition action.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Gertz and Laurie 18321 Ventura Boulevard Suite 900 Tarzana, CA 91356

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

125 Answers given in the last few hours.

8663 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search