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.This instrument relates to a PARTITION AGREEMENT of a parcel of land subdivided into _________________ lots and consists of THREE (3) pages including this page. 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 document is a partition agreement between two parties to terminate their community ownership of a parcel of land and divide it between them. Visit our Forms catalog to find your Agreement for the Partition and Division of Real Property in 2025. The UPHPA and Partition of Real Property Act may overtly favor partition in kind, that remedy is simply not available for most Californians. When California courts order partition in kind, they are required to assign an "equitable portion" of the property to each co-owner. Write agreement yourself or get help. Prepare the agreement yourself.