Legal Question in Real Estate Law in California

This is a very simple procedure known as a complaint for partition.

If you are talking about forcing a sale when there are multiple owners and they can't agree to sell, Mr. Sussman is correct that a partition action is the method. If there is some other reason to force a sale, such as a dispute between divorcing spouses, then he would be wrong. And in any case he is mistaken that a partition action is simple. It is anything but simple.

I agree with Mr. McCormick.

I would add that while the law governing partition lawsuits is rather long and detailed, it is also fairly clear and straightforward (Code of Civil Procedure sections 872.010 through 874.240); and although some partition lawsuits "cost a mint and take forever" many others are settled long before they run their course in court. Partition cases often settle well before final judgment because the defendant(s) see the handwriting on the wall and have the common sense to sell out or allow the property to be marketed conventionally, with real estate agents instead of lawyers.

Partition is probably the most likely thing you're asking about.......a lawsuit between unhappy co-owners. Your question also could apply to a forced sale by a non-owner with a lien (a creditor) or an obligee.....in other words, someone who has a lien on the property, or someone with a legal right to enforce a lien against the property. Mortgage lenders, judgment creditors, etc. would also have a right to force a sale of the property under various laws covering residential lending, enforcement of judgments, and so to.