Yes. In California, one heir who co-owns inherited real estate can generally ask a court to end the co-ownership through a partition action, even if the other heirs object. That process can lead to a court-ordered sale. Under the Partition of Real Property Act, the other co-owners may get the chance to buy that heir's share first.
California property guideUpdated October 17, 2026General information, not legal or tax advice
Most people facing this question are in an uncomfortable position with family. A parent's house has passed to two or three siblings. One sibling wants the money from a sale, another wants to keep the house or is already living there, and the family has stopped talking about it calmly. Someone may be reading this late at night from another state. They are trying to work out whether a single heir really has that power, and what they can do if they are the one who wants to keep the home. This page explains what California law provides on both sides of that question.
The Short Answer: What California Law Allows
A partition action is a lawsuit that one co-owner files to end shared ownership of property. It is filed in the Superior Court, and it does not need the other owners' consent. Under Code of Civil Procedure section 872.710, partition of concurrent interests is generally a matter of right unless a valid waiver bars it. A concurrent interest means two or more people own the property at the same time.
The court can end the co-ownership in one of two ways:
Partition in kind. The court physically divides the property among the owners.
Partition by sale. The court orders the property sold and divides the proceeds.
Code of Civil Procedure section 872.820 says the court orders a sale when the parties agree to one, or when it decides that a sale and division of the proceeds would be more equitable than dividing the property itself. Whether a particular parcel can sensibly be divided depends on the property.
Inherited homes are a common setting for partition in California. When siblings take a house together, no one sibling controls it. When they cannot agree on a plan, partition is the legal route the law gives any one of them. That tells you whether a sale can be forced. Whether one actually happens depends on the steps described below.
How Co-Ownership of Inherited Property Arises
How the heirs came to own the house matters, because the same rules do not apply at every stage. Families usually end up as co-owners in one of four ways.
Probate distribution. When an estate goes through probate, the court-supervised process for settling a person's estate, the court may distribute the house to several heirs together. An heir is a person who inherits under the will or under the law.
Trust distribution. A successor trustee is the person who takes over managing a trust after the person who created it dies. That trustee may deed the house to several beneficiaries. A beneficiary is a person the trust names to receive property.
Joint tenancy. When a joint tenant dies, the surviving joint tenants generally take the whole property. If two or more survive, they own it together.
Transfer on death deed. Under Probate Code section 5652, a revocable transfer on death deed passes the owner's interest to the named beneficiaries at death. If more than one is named, they generally take the property as tenants in common, in equal shares. The property passes subject to any liens and other limits of record.
Tenancy in common means each person owns a fractional share, such as one-third. Each can deal with that share separately, and each can seek partition. The statute discussed next also reaches co-owned personal property, meaning belongings and other movable assets. This page is about the house and the land, which is real property.
What a Partition Action Is and How It Works in California
Code of Civil Procedure section 872.210 says who may file. It lists a co-owner of personal property, and an owner of "an estate of inheritance, an estate for life, or an estate for years in real property" owned "by several persons concurrently or in successive estates." It excludes one case: spouses dividing community or quasi-community property cannot use this title. The action is filed in the Superior Court for the county where the property sits.
For actions filed on or after January 1, 2023, the Partition of Real Property Act adds its own steps. Under Code of Civil Procedure section 874.311, the Act applies to real property held in tenancy in common when no recorded agreement binding all the co-owners governs partition. Many inherited homes fit that description.
The Act starts with value. Under Code of Civil Procedure section 874.316, the court generally orders an appraisal by a disinterested California-licensed appraiser. If all co-owners agree on a value or on a method of setting one, the court adopts that value instead. The court must send notice of the appraised value no later than 10 days after the appraisal is filed. A party may object within 30 days after that notice. The court then holds a hearing no sooner than 30 days after the notice and sets the fair market value.
Next comes the buyout. Under Code of Civil Procedure section 874.317, if any co-owner asked for partition by sale, the others may buy that co-owner's share. The price is the court's value of the whole parcel multiplied by the selling co-owner's fractional share. The election to buy is due no later than 45 days after the court's notice.
If no buyout happens and the court orders a sale, Code of Civil Procedure section 874.320 calls for an open-market sale. The exception is a sale by sealed bids or at auction, if the court finds that would be more advantageous to the co-owners as a group. In an open-market sale, the parties may agree on a California-licensed broker within 10 days after the court's order. If they do not agree, the court appoints one. The broker offers the property at no less than the court's value.
There is also a way for co-owners to settle on terms. Under Code of Civil Procedure section 873.910, when all parties' interests are undisputed or have been decided, the parties may agree to a partition by appraisal.
A partition action is a contested legal proceeding. It is handled by an attorney who litigates trust and probate cases. This page describes what the law provides, not how to bring or defend a case.
When an Executor or Trustee — Not the Heirs — Controls the Sale
Here is where families often run two different situations together. Partition belongs to people who already own the house. While the house is still held in an estate or a trust, the heirs do not yet own it outright. In that stage, a fiduciary holds the authority to sell. A fiduciary is a person legally responsible for managing property for others.
The roles have different meanings:
Personal representative. The person appointed by the court to administer an estate.
Executor. A person named in the will to serve as personal representative.
Administrator. A personal representative the court appoints when no executor serves.
Trustee. The person who manages trust property under the trust document.
Under Probate Code section 8400, a person has no power to administer an estate until appointed personal representative and issued letters, the court's document confirming the appointment. That is true whether or not the will names the person as executor.
Under Probate Code section 10308, a sale of estate real property generally must be reported to the court and confirmed before title passes. The exception is Probate Code section 10503, which applies when the personal representative sells under the authority that section describes. Whether that exception applies depends on the authority the court granted and on whether anyone objects to a notice of proposed action. Under Probate Code section 10503, the court-confirmation requirements, such as published notice of sale, court approval of commissions, the appraised-value rule and the court's examination of the sale, do not apply to a sale made with that authority. The stages of a probate sale are laid out in our guide to selling inherited property during probate.
A trustee's power to sell comes from the trust document and the law. It does not come from the beneficiaries' agreement, and the trust's attorney can say what that document allows. While the house remains in an estate or a trust, an individual heir or beneficiary generally cannot force a sale. A heir who disagrees with the fiduciary's choices has a contested matter, which is handled by an attorney who litigates trust and probate cases. Once the house has been distributed to several owners, the partition rules above apply.
Can a Co-Owner Block or Delay a Forced Sale?
Picture the sibling who wants to keep the house and has just learned that a brother filed for partition. That sibling cannot simply say no. Partition of concurrent interests is generally a matter of right, as described above. What the law offers instead is a chance to buy.
The buyout in Code of Civil Procedure section 874.317 is the main way a sale of the whole house can be avoided. A co-owner who did not ask for a sale may elect to buy the share of every co-owner who did, at the court-set price. If someone elects, the court sets a payment date no sooner than 60 days after its notice. If the buyers pay on time, the court reallocates the shares. If no one pays, the case goes forward as though no buyout had been elected.
Living in the house does not change who owns what. An heir who occupies the home is still one co-owner among several. What occupancy means in a particular case is a question for an attorney.
Families also settle these matters on their own. One heir may buy the others out by agreement. The family may agree on a later sale date. The co-owners may sign a written co-ownership agreement. Each of these is an option the parties may explore.
How long a partition takes depends on several things. It depends on whether the Act applies, whether anyone elects the buyout and pays, and whether the parties reach agreement along the way. A co-owner defending a partition action works with an attorney who litigates trust and probate cases.
What Happens to the Proceeds When Inherited Property Is Sold
Money is usually what the disagreement is really about. In a court-ordered sale under Code of Civil Procedure section 872.820, the proceeds are divided according to each party's interest as the court determines it. If a co-owner buys at the sale, Code of Civil Procedure section 874.320 gives that buyer a credit against the price equal to their own share of the proceeds. Whether one heir's past payments for the loan, taxes or upkeep change the split is a question for the attorney handling the case.
Income tax turns on basis. Basis is the starting value used to measure gain or loss when property is sold. Under 26 U.S.C. § 1014(a), the basis of property acquired from a decedent is generally one of the following:
its fair market value at the date of death;
if the estate elects alternate valuation, its value at the applicable valuation date;
if a special-use valuation election is made, its value under that election; or
to the extent a conservation-easement exclusion applies, the decedent's basis.
Each heir's share is measured from that basis. Whether a particular sale owes tax depends on facts this page cannot know. A CPA, an enrolled agent or a tax attorney reviews that question.
Property tax reassessment is a separate issue. A sale, or one heir buying another's share, can raise it. The county assessor's office handles reassessment and exclusion claims.
Selling Inherited Property When Co-Owners Agree — and When They Don't
When every co-owner signs on, the family has three ways to sell.
A listing with a licensed real estate agent. This usually reaches the widest pool of buyers, in exchange for a commission and the work of preparing and showing the house.
A sale without an agent. This avoids a commission, but the co-owners handle pricing, showings, paperwork and negotiation themselves.
A direct sale to a buyer who pays cash and takes the house as it is. The offer is often lower than what the house might bring on the open market, because the buyer takes on the repairs, the risk and the cost of reselling. In exchange, the sellers get less preparation, fewer showings and less dependence on a buyer's loan. The tradeoffs are set out side by side in a comparison of a cash offer versus a listing.
Comparing written offers and estimated net proceeds is how co-owners tell which way fits. Net proceeds are the price less commissions, repairs, carrying costs, loan payoffs and closing costs. A house can be sold in its present condition, and the choices for a property with deferred upkeep are covered in selling a house that needs repairs. A reader can get an offer on an inherited property from Silver Lining Inherited Property for a direct as-is sale, and asking for one carries no obligation to sell.
When co-owners cannot agree, the paths are continued negotiation, a buyout of one owner's share, or partition. The buyer's identity changes none of the legal duties. Liens must still be paid. The court's or the trust's authority still governs. Disclosure duties stay the same. Civil Code section 1102.2 exempts certain transfers from the state's transfer disclosure article, including:
court-ordered sales, such as probate sales;
sales by a fiduciary administering a trust or an estate, except where the trustee of a revocable trust is a natural person who is a former owner of the property or occupied it within the preceding year; and
transfers from one co-owner to another.
When you’re ready
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Every inherited property is different. Call or send us a message, and we’ll listen. A direct offer is often lower than what the open market might bring, and asking for one does not commit you to selling.
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Frequently Asked Questions
Do all heirs have to agree to sell inherited property in California?
No. Once co-owners hold the house, any one of them can generally seek partition, which can end in a court-ordered sale. While the house is still in an estate or trust, the personal representative or trustee holds the authority to sell, subject to the Probate Code steps described above.
What happens if one sibling wants to sell an inherited property and the other doesn't?
The sibling who wants to sell may file a partition action in the Superior Court. If the Partition of Real Property Act applies, the other sibling may buy the seller's share at the court-set price. Without a buyout, the court can order a sale. Contested cases are handled by an attorney who litigates trust and probate cases.
Can one sibling force the sale of an inherited property in California?
Generally yes, through a partition action in the Superior Court of the county where the property is located. The other co-owners do not have to consent. Under the Act, the buyout in Code of Civil Procedure section 874.317 is the main way a sale of the whole house can be avoided.
Can an executor sell a house without all beneficiaries approving?
Generally yes, once letters have issued. The executor's authority comes from the Probate Code and the authority the court granted, not from the beneficiaries' approval. Whether the court must confirm the sale depends on that authority and on whether anyone objects to a notice of proposed action. A beneficiary's dispute with an executor is a contested matter.
What happens when one sibling is living in an inherited property and refuses to sell?
Living in the house does not take away another co-owner's right to seek partition. If the Act applies, the occupying sibling may elect to buy the share of the sibling who asked for a sale, at the court-set price. What happens after that depends on the facts and on how the case proceeds.
How long can a beneficiary stop the sale of a property?
There is no single period. While the house is in an estate or trust, the personal representative or trustee controls the timing, within the law. After distribution, a partition action runs on the Act's notice and payment periods, on whether anyone elects a buyout, and on whether the parties reach agreement.
What is a partition action in California?
It is a Superior Court case, authorized by Code of Civil Procedure section 872.210, that a co-owner files to end shared ownership. The court can divide the property or order it sold and divide the proceeds. For tenancy-in-common real property, the Partition of Real Property Act adds steps for setting value and for a buyout.
What is the basis of inherited property for tax purposes?
Under 26 U.S.C. § 1014(a), basis is generally the fair market value at the date of death, subject to the alternatives listed in the proceeds section above. Whether a sale owes tax is a question a CPA, an enrolled agent or a tax attorney reviews.
