If negotiation or mediation fails to resolve the dispute, the next step is to prepare and file a partition complaint. You have to file the Complaint in the Superior Court of California for the County where the Property is located. This is the only court with the power to hear the case.
A partition action can compel the sale of jointly owned property when co-owners disagree. The process may take up to two years, depending on case complexity and cooperation. Exploring alternatives like mediation before filing a partition action is often advisable.
Here is an overview on how a partition action will play out in court. The party who wishes to initiate the action (the “Plaintiff”) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.