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. The UPHPA and Partition of Real Property Act may overtly favor partition in kind, that remedy is simply not available for most Californians. Fill out and file form DE-221 explaining why the property belongs or should legally pass to the surviving spouse and describing the property. For example, in a Georgia case, the plaintiff requested partition in kind. Letter warning of partition action template. Click here to download this sample form in PDF format. Find Your Court Forms. Unable to reach an agreement, they initiate a partition action California.