Legal Question in Wills and Trusts in California

Normally the plaintiff has the right to partition. However there is one way to bar partition and its not found in the statutes but in case law. It concerns joint tenants and tenants in common. Don't hesitate to contact me for help.

The California Civil Code does not require an automtic sale...

I can actually think of two circumstances in which a partition action can be blocked, but they both only apply to very specific and unusual circumstances - where there has been an express or implied waiver of the right to have a partition, or where partition would violate the terms of a gift or bequest by which the owners received title. Otherwise the right of any concurrent owner to partition the property or interests in it is automatic. That does not ALWAYS mean a partition sale, however. Partition is an equitable action, meaning the court has powers to order whatever it thinks is the most fair way to effect the partition. Unfortunately the Subdivision Map Act places significant limitations on the options a court has other than ordering a sale, unless the parties can agree to another option - such as one buying the other out.

The only way to bar it is to show waiver. You can count it as two if you split it as express or implied waivers.