We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. Below is a form complaint for partition in California that is intended to be used in consultation with a real estate attorney.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. Your agreement needs to say that you both agree to end the marriage and what you agreed about property or spousal support. A property settlement agreement becomes a legally binding part of the final judgment when your marriage is officially dissolved. Find Your Court Forms. The Anatomy of a Partition Action in Southern California Courts. For example, in a Georgia case, the plaintiff requested partition in kind. In the context of probate, for example, a decedent may have explicitly disallowed their real property from being sold in their will or trust. This form is available on Westlaw.