How long does a partition action take in California?

Commonly around a year for a cooperative case, and longer when contested. A co-owner is ordinarily entitled to partition as of right under Code of Civil Procedure section 872.710, so the court first determines each owner's interest, then orders division or sale, with appraisal and buyout stages possible for inherited property.

The timeline runs in stages. A partition case begins with a complaint in the superior court of the county where the California property sits; because a co-owner is ordinarily entitled to partition as of right (Code of Civil Procedure section 872.710), the first phase, an interlocutory judgment determining each party's interest and the right to partition, is often the least contested. The court then orders physical division or, far more commonly for homes, a sale conducted by a court-appointed officer, followed by confirmation of the sale and allocation of proceeds. An uncontested case with a cooperative sale can conclude in under a year; disputes over ownership shares, credits for taxes, mortgage payments, and improvements, or the manner of sale add months. For inherited property, the Partition of Real Property Act (section 874.311 et seq.) inserts an appraisal and a window for family co-owners to buy out the interest of the co-owner seeking sale. Partition costs are typically apportioned among the owners.

Authority: Cal. Code Civ. Proc. § 872.710