STONE LLP
San Jose & Silicon Valley

San Jose & Silicon Valley Partition Attorneys

By Elliott H. Stone, Managing Partner, Stone LLP · Updated September 3, 2026

Call 949-477-9100

If you co-own real property in San Jose or the greater Silicon Valley area and a co-owner won’t agree to sell, California law generally lets you force the issue through a partition action filed in Santa Clara County Superior Court. Stone LLP handles partition actions and co-ownership disputes throughout the South Bay from our San Jose office.

Silicon Valley co-ownership disputes have their own pattern. Decades of appreciation mean a family home purchased for a fraction of its current value, held for years under a low Proposition 13 tax base, can carry enormous equity by the time siblings inherit it and disagree about selling. Unmarried couples and co-investors who bought together during a competitive market, planning to sell or refinance later, sometimes find that plan derailed by a breakup or falling out.

Common San Jose-area partition scenarios: adult children who inherited a family home together and disagree about selling versus one sibling buying the others out; unmarried co-owners who purchased a home together and separated; and co-investors or business partners who bought investment property together during the run-up in South Bay real estate values.

How a Partition Action Works

In California, the right to partition is close to absolute, any co-owner can generally force a sale or division of jointly owned property without the other owners’ consent, through a court process that accounts for each co-owner’s financial contributions before dividing the proceeds. For the full four-stage process, the accounting rules, and how to stop or narrow a case, see our main guide, Partition Actions in California. Partition actions involving Santa Clara County real property are generally filed in Santa Clara County Superior Court, with venue proper in the county where the property is located. Stone LLP’s San Jose office is positioned to handle filings and appearances throughout San Jose and the greater Silicon Valley area.

For the full walkthrough of how a California partition action works, including the four stages, the accounting rules, and the limited ways to stop one, see our main guide, Partition Actions in California. Matters in this area are handled from our San Jose office.

Frequently asked questions

My siblings and I inherited a home in San Jose and can’t agree on selling it, what are our options?

This is a common scenario in the Bay Area given how much home values have appreciated. If the property qualifies as "heirs property" under the Partition of Real Property Act, the court must determine fair market value by independent appraisal and give co-owners who did not file a right to buy out the filing owner’s interest before an open-market sale is ordered.

Does a low property tax base under Proposition 13 affect a partition action?

Proposition 13 affects the ongoing property tax bill, not the underlying right to partition, but it is a relevant factor in the accounting phase, since the co-owner who has been paying the (often low) property taxes may be entitled to reimbursement credit for those payments, and a sale can trigger reassessment considerations worth discussing with counsel and a tax advisor.

Can a partition action be filed for a Silicon Valley investment or rental property, not just a family home?

Yes. The partition statute applies to any co-owned real property, including investment property, rental units, and commercial real estate, not just primary residences.

This page is provided for general informational purposes and does not constitute legal advice. Partition matters turn on title, the governing documents, and the specific facts. No attorney-client relationship is created by reading this page.

Talk to Stone LLP about a co-ownership dispute

Partition matters turn on title, the governing documents, and the specific facts. A short conversation can tell you where you stand.

Call 949-477-9100Request a consultation
Call 949-477-9100