Legal Question in Real Estate Law in California

First, your aunt (or her lawyer?) is incorrect about the law. The Penal Code does not have any sections numbered 872.210 or 872.820. She is undoubtedly referring to sections of the Code of Civil Procedure ("CCP"). Sections 872.010 through 874.410 of the CCP deal with a special kind of lawsuit called an action for partition.

Any co-owner of property has a right to sue to bring about a court-ordered split-up of the co-ownership. In the old days, this was usually done by dividing the farm between the co-owners by subdividing it -- and thus the name "partition," which suggests the method of dividing up the owners' interests by splitting the parcel, i.e., when three sons inherited dad's 600-acre ranch, each of the boys would get 200 acres more or less, depending on the value of any buildings, etc.

Nowadays, partition by subdivision is still done sometimes, but for the most part, courts will order the property sold, after which the "subdividing" or partitioning is done by splitting the net proceeds of selling the property, with appropriate adjustments to reflect prior unequal contributions by one owner or another to costs that should be shared, such as mortgage expenses, property taxes, insurance, and necessary repairs.

You may reasonably anticipate being served with a lawsuit seeking partition of the property by court-ordered sale. Auntie will probably prevail, since partition is a co-owner's right, and a co-owner that dosen't want the partition has few defenses.

You should find out (if you don't already know) what the basis of her bellyache is with the status quo, consider taking steps to mollify her, but be prepared to defend a partition suit, or to negotiate some kind of out-of-court settlement. Please contact me with details if you'd like further consultation.

I agree with Mr. Whipple. It is not penal, which applies to criminal cases, but rather civil. She is threatening to sue you for partition by sale.