Journal · selling # What if siblings disagree about selling an inherited house in California? When co-owners of an inherited California house can't agree, they can try a buyout or an agreed sale first, and if that fails, a co-owner may ask a court to partition the property. For tenancy-in-common cases filed on or after January 1, 2023, the Partition of Real Property Act in the Code of Civil Procedure calls for a court valuation and a chance for co-owners to buy out those seeking a sale, and a court-ordered sale is generally an open-market sale through a licensed broker. Published October 22, 2026 · Reviewed October 22, 2026 · 8 min By Sidney Manzo, CA DRE #01108914 · RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193 [Journal](https://realestateworks.com/journal) · selling partition · co-owners · sibling buyout · Partition of Real Property Act · inherited house General information, not legal or tax advice. Sidney Manzo is a real estate agent, not an attorney or tax adviser. Ask a real estate attorney how the Code of Civil Procedure applies to your title, and a CPA about taxes. Rules as of October 22, 2026; they change, so check the official sources listed below. ## Can co-owners settle it without going to court? Check with your estate attorney first whether the house is still held in a trust or an estate; if it is, ask who has authority to act. Once the heirs hold title together, they can agree on a buyout or a sale. The Code of Civil Procedure gives an agreement weight even in court. Under section 874.316, "If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation". Under section 873.600, the court shall order sale "by such methods and upon such terms as are expressly agreed to in writing by all the parties to the action". A shared, written estimate of value gives everyone the same starting number. Ask the County Assessor or your attorney about reassessment before a sibling buyout, and ask your CPA how a sale or buyout is taxed. ## What is a partition action, and when does the 2023 Act apply? A partition action asks a court to divide co-owned property or order it sold. Under Code of Civil Procedure section 872.210, it may be brought by "An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates". Spouses are different: the same section says "an action between spouses or putative spouses for partition of their community or quasi-community property or their quasi-marital interest in property may not be commenced or maintained under this title". Under the general partition rules in the Code of Civil Procedure, section 872.820 says the court shall order the property sold and the proceeds divided when "The parties agree to such relief, by their pleadings or otherwise" or when "The court determines that, under the circumstances, sale and division of the proceeds would be more equitable than division of the property". Section 873.520 says "The property shall be sold at public auction or private sale as the court determines will be more beneficial to the parties". ### The Partition of Real Property Act Code of Civil Procedure section 874.311 says "This act applies to real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property" and "This act applies to actions for partition of real property filed on or after January 1, 2023". Under section 874.313, "the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record". Ask your attorney how your title is held and whether the Act applies. ## How does a court-ordered partition work under the Act? ### The court sets a value Under Code of Civil Procedure section 874.316, unless the co-owners agreed on a value, the court generally orders an appraisal by "a disinterested real estate appraiser licensed in the State of California". If the court finds the cost of an appraisal outweighs its value as evidence, it can set the value after an evidentiary hearing instead. The court sends notice "not later than 10 days after the appraisal is filed", a party may object "not later than 30 days after the notice is sent", and the hearing on value is held "not sooner than 30 days after a copy of the notice of the appraisal is sent". The court may also consider other evidence of value a party offers. ### Co-owners get a chance to buy Under Code of Civil Procedure section 874.317, "any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale". A co-owner who wants to buy gives notice to the court "Not later than 45 days after the notice is sent". The price for each share is "the value of the entire parcel determined under Section 874.316 multiplied by the cotenant's fractional ownership of the entire parcel". For example, if a house sold for $900,000, a one-third share would be $300,000 before costs. The court then sets a payment date "not sooner than 60 days after the date the notice was sent". ### Divide it or sell it If the interests aren't bought out, Code of Civil Procedure section 874.318 says "the court shall order partition in kind unless the court, after consideration of the factors listed in Section 874.319, finds that partition in kind will result in great prejudice to the cotenants as a group". If so, "the court shall order partition by sale pursuant to Section 874.320 or, if no cotenant requested partition by sale, the court shall dismiss the action". Section 874.319 lists factors such as whether the property "practicably can be divided among the cotenants", a cotenant's "sentimental attachment" to the property, and "The lawful use being made of the property by a cotenant". It adds, "The court shall not consider any one factor in subdivision (a) to be dispositive without weighing the totality of all relevant factors and circumstances". ### An open-market sale through a licensed broker Under Code of Civil Procedure section 874.320, a court-ordered sale is an open-market sale unless the court finds that sealed bids or an auction would be more economically advantageous for the co-owners as a group. If the parties, "not later than 10 days after the entry of the order, agree on a real estate broker licensed in the State of California", the court appoints that broker. Otherwise "the court shall appoint a disinterested real estate broker licensed in the State of California". The broker offers the property "in a commercially reasonable manner at a price no lower than the determination of value". Under section 874.321, the broker reports to the court "not later than seven days after receiving an offer to purchase the property for at least the value determined under Section 874.316 or 874.320". If no such offer comes within a reasonable time, the court, after a hearing, may approve the highest outstanding offer, redetermine the value, or order sealed bids or an auction. The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. Business and Professions Code section 10147.5 requires that notice in printed or form agreements that set a licensee's compensation for the sale of residential property with up to four units. In a court-ordered sale under the Act, Code of Civil Procedure section 874.320 has the court establish a reasonable commission. Ask your escrow officer or a real estate attorney who pays the transfer tax under your purchase contract. If the plaintiff seeks notice by publication, Code of Civil Procedure section 874.314 also requires "a conspicuous sign on the property that is the subject of the action". ## What does a partition action cost, and do I need a lawyer? Under Code of Civil Procedure section 874.010, the costs of partition include "(a) Reasonable attorney's fees incurred or paid by a party for the common benefit. (b) The fee and expenses of the referee". Section 874.040 says "the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable". Talk to a real estate attorney before you file or answer a partition case. In Los Angeles County, cases go to the Superior Court of California, County of Los Angeles, and the California Courts can help you [find a self-help center](https://selfhelp.courts.ca.gov/self-help/find-self-help). ### Related notes - [Selling an inherited house in California](https://realestateworks.com/journal/how-do-i-sell-an-inherited-house-in-california) - [Clearing out a parent's house](https://realestateworks.com/journal/i-am-the-executor-of-their-estate-the-house-is-a-bit-dated-and-full-of-their) - Selling a house after a parent dies (link when published) - Selling the house during a divorce (link when published) ## Questions homeowners ask next **Can one sibling force the sale of an inherited house in California?** A co-owner may file a partition action. Under the Partition of Real Property Act in the Code of Civil Procedure, which applies to tenancy-in-common cases filed on or after January 1, 2023, the court sets a value first, and co-owners who didn't ask for a sale can buy out those who did. If the interests aren't bought out, the court orders partition in kind unless dividing the property would cause great prejudice to the co-owners as a group. A court-ordered sale is generally an open-market sale through a licensed broker. Talk to a real estate attorney about your title and your options. **How is a sibling buyout price set in a partition case?** Under Code of Civil Procedure section 874.317, the price for each share is the value of the entire parcel set by the court under section 874.316, multiplied by that co-owner's fractional ownership. Co-owners who elect to buy give notice to the court not later than 45 days after the court's notice is sent. For example, if a house sold for $900,000, a one-third share would be $300,000 before costs. **Who pays the attorney's fees in a California partition action?** Under Code of Civil Procedure section 874.010, the costs of partition include reasonable attorney's fees incurred or paid by a party for the common benefit, and the fee and expenses of the referee. Section 874.040 says the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable. Ask a real estate attorney how the court is likely to treat the fees and costs in your case, and keep records of what each co-owner pays. **Does the Partition of Real Property Act apply to my house?** Code of Civil Procedure section 874.311 says the Act applies to real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property, in actions filed on or after January 1, 2023. Under section 874.313, the property is partitioned under the Act unless all of the cotenants otherwise agree in a record. Check your deed with a real estate attorney, who can tell you how title is held and whether the Act applies. **Can co-owners choose the real estate broker in a court-ordered sale?** Yes, if they agree. Under Code of Civil Procedure section 874.320, if the parties agree on a California-licensed broker not later than 10 days after the sale order, the court appoints that broker and establishes a reasonable commission. If they don't agree, the court appoints a disinterested licensed broker and sets the commission. Inherited a house? Sidney can review the property and your options. [Get help with an inherited home](https://realestateworks.com/services/inherited-property) ## Sources - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=872.210](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=872.210) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=872.820](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=872.820) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=873.520](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=873.520) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=873.600](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=873.600) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.010](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.010) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.040](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.040) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.311](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.311) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.313](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.313) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.314](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.314) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.316](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.316) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.317](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.317) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.318](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.318) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.319](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.319) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.320](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.320) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CCP§ionNum=874.321](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=874.321) - [leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=BPC§ionNum=10147.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=10147.5) - [selfhelp.courts.ca.gov/self-help/find-self-help](https://selfhelp.courts.ca.gov/self-help/find-self-help) - [lacourt.ca.gov/home](https://www.lacourt.ca.gov/home) ## Who can help with this? Sidney Manzo is a local agent in the San Gabriel Valley who helps homeowners with partition and can review your situation and the next step. Sidney Manzo, CA DRE #01108914, licensed in California; 155+ closed sales; RE/MAX Hall of Fame; member of the Pasadena Association of REALTORS® and C.A.R. [About Sidney Manzo](https://realestateworks.com/about) · [Get help with an inherited home](https://realestateworks.com/services/inherited-property). RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193 Published October 22, 2026 · Last reviewed October 22, 2026 This note is not an appraisal and not legal, tax, or foreclosure advice. Nothing on this page creates a listing agreement. Equal Housing Opportunity. ## Also in the catalog - [How Does a Probate Sale Work for My Mother's House in Altadena?](https://realestateworks.com/journal/how-does-a-probate-sale-work-for-my-mothers-house-in-altadena) It depends on the authority the court gives the estate's personal representative: with full IAEA authority, the house can be sold after a 15-day Notice of Proposed Action if no one objects, and otherwise the court confirms the sale at a hearing, where other buyers may overbid. Sidney Manzo helps with the property side of an Altadena sale alongside the estate's attorney. - [How do we sell the house during a divorce in California?](https://realestateworks.com/journal/how-do-we-sell-the-house-during-a-divorce-in-california) Once a divorce petition is filed and the petition and summons are served in California (or service is waived), the restraining orders in the summons under Family Code section 2040 bar both spouses from transferring or disposing of property without the other spouse's written consent or a court order, except in the usual course of business or for the necessities of life. The California Courts say that until you have a court order, property or debt from your marriage "still belongs to both of you". - [Can I sell my house with tenants in it in California?](https://realestateworks.com/journal/can-i-sell-my-house-with-tenants-in-it-california) Yes, you can list a rented home, and the state's just-cause list for ending a tenancy in Civil Code section 1946.2 doesn't include a sale. You can sell with the tenant in place or end the tenancy only for a listed reason with any relocation owed, and Pasadena and unincorporated LA County add their own rules. --- Sidney Manzo, CA DRE #01108914 · RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193 · (626) 296-2900 Source page: https://realestateworks.com/journal/what-if-siblings-disagree-about-selling-an-inherited-house-california