Legal Question in Real Estate Law in California

Yes, it's true; via a "partition action," a specialized kind of lawsuit. The main limitations being (a) spouses cannot partition their community property, and (b) partition of partnership property requires the judge's approval. The principal defense to a partition action is when there is a waiver, either express or implied, of the right to partition; an example of which might be that the co-owners are in the midst of developing the property as, for example, a major shopping center.

The partition statutes are found in the Code of Civil Procedure, sections 872.010 to 874.225.

The name comes from the original practice of dividing the land in question between the co-owners by lot split. In modern times, this is seldom practical, and the more usual method of "partitioning" property is to have it sold and the net proceeds divided between the former co-owners fairly and equitably, taking into account their percentage interests and excess contributions one or the other may have made for expenses such as mortgage payments, property taxes, insurance, necessary maintenance and certain improvements.

Often, when one co-owner brings a partition suit, the other co-owner(s) will see the handwriting on the wall and agree to an out-of-court sale, to avoid the time and expense of a trial.