We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights.Below is a form complaint for partition in California that is intended to be used in consultation with a real estate attorney. Navigate the complexities of filing a partition action in California. We cover essential steps for co-owners to file a partition lawsuit. The UPHPA and Partition of Real Property Act may overtly favor partition in kind, that remedy is simply not available for most Californians. In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. A deed recorded in the county recorder is the most acceptable form of evidence of coownership. In the context of probate, for example, a decedent may have explicitly disallowed their real property from being sold in their will or trust.