How to Obtain Partition by Sale Instead of Division in Kind

For the past 10 years the attorneys at Schorr Law have been successfully litigating partition actions.   Through this experience our Los Angeles based partition attorneys have developed insight into how to successfully navigate partition claims. For example, our attorneys understand that co-owners pursuing partition generally wish to seek a sale of the subject property rather than a physical division of property amongst co-owners.  Naturally, co-owners who are having disagreements with other co-owners may wish to simply sell the property and extricate themselves from often complicated and uncomfortable business relationships.

However, in order to compel a sale rather than a physical division, it must be shown that either: (1) a division into subparcels of equal value cannot be made or (2) a division of the land would substantially diminish the value of each party’s interest, such that the portion received by each cotenant would be of substantially less value than the cash received.  (See East Shore Co. v. Richmond Belt Ry. (1916) 172 Cal. 174, 180; Butte Creek Island Ranch v. Crim (1982) 136 Cal. App. 3d 360, 366.)  In other words, unless the Court is satisfied that one of those two elements is met, the Court is unlikely to grant a judgment in which the Court ultimately orders the property sold.

In order to achieve our clients’ goals, Schorr Law typically sets forth allegations in its complaint setting forth the reason why partition by sale as opposed to division in kind is appropriate.  By planning ahead, we have been able to obtain positive results in every partition matter we have pursued.

To inquire about a free consultation on your ownership dispute, contact us by filling out our Contact Box, email us at, or call (310) 954-1877.

Share Button
Tagged with: , ,
Posted in Partition

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

Contact Schorr Law

Super Lawyers

Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

Need Representation?

If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

AVVO 10.0

Zachary Schorr Avvo Rating

Avvo Clients’ Choice Award Recipient

Zachary Schorr Avvo Client's Choice Award