Legal Question in Real Estate Law in California

A partition action would be the proper method.

I would assume the divorce court no longer has jurisdiction under Family Code section 2556 or otherwise; this would leave partition as the remaining possibility to force a termination of the co-ownership. Further, the fact that the properties are owned outright points toward a financially favorable result, particularly if the two of you can agree on some aspects (such as asking price, selection of a broker, taking some of the financial issues away from the court and submitting them to arbitration, etc.) or even an out-of-court settlement.

If disposition of the properties was not set out in the divorce judgment, the divorce court is still the most efficient option. Just because the value of the properties was allocated, does not mean the property was not omitted from the property distribution. If ownership was not expressly allocated and assigned post-divorce, you should still be able to get a division by sale, buy out (or any other option available in a partition) in the divorce court faster and cheaper than a new partition action. You should see a family law attorney for a review of your MSA and/or judgment to determine whether the family court still has jurisdiction. Generally even after a divorce is final the court retains jurisdiction over unresolved issues as a matter of law, but that can be altered by the terms of the MSA and judgment. If the family court does not have jurisdiction, then the previous answers are correct that a new partition action is the only option if negotiations fail.