An attorney would draft a complaint for partition and file it with clerk of the civil court clerk in the county where the property is situated. No. A common misconception is that a majority of the ownership interests are needed for a court to compel the sale of a jointlyowned property in a partition.So, partition is when you have two or more owners that own real estate together. You can partition other types of property. Partition requires a common title or interest in the property and not two competing property ownership claims. Who Can File Partition Lawsuits? A partition agreement may be an express statement that the right to partition is waived. But California law still carves out provisions to keep the spirit of the old rule alive. Real Estate Law, i.e. Sites change quickly or are not kept up to date.