Legal Question in Real Estate Law in California

Assuming there are no probate-related issues remaining, the clear legal remedy is to file suit for "partition" of the property. A partition action is the statutory legal remedy for an unhappy co-owner of property to get out. Although the full legal process from start to finish can be time-consuming and rather expensive, the mere filing of a partition suit is usually sufficient to cause the reluctant co-owner to see the handwriting on the wall and agree to an out-of-court settlement of some kind. Typically, one co-owner will agree to be bought out by the other, or the co-owners will agree to a sale and division of the net proceeds of sale. Some partition cases go to arbitration by agreement of the litigants. The statutes governing partition are found in the Code of Civil Procedure at sections 872.010 et seq.