How Long Does It Take to Force Sale of Property?
Introduction
If you’re stuck with co-owners, ex-partners, or even family members who won’t cooperate, you might be wondering: how long does it take to force sale of property?
Whether you’re dealing with a messy inheritance, a breakup, or an investment gone sideways, knowing the timeline can help you plan your next move, and avoid unnecessary surprises. In California, forcing the sale of a jointly owned property, or initiating a forced property sale, through the court system usually takes 6 to 12 months, but in more complex or contested cases it can take 18 months or longer. Some timelines even extend beyond two years when multiple owners are involved or when legal disputes arise over who actually owns what.
Understanding how the process works, and what can speed it up or slow it down, can save you time, money, and stress. Let’s break it down.
What Is a Forced Sale of Jointly Owned Property?
A forced property sale happens when two or more property owners, often family members, business partners, or former spouses, can no longer agree on what to do with the property they co own. Maybe one person wants to sell while the other wants to keep it, or perhaps one party has stopped contributing to upkeep or mortgage payments. When there’s no mutual solution and communication breaks down, a legal proceeding may be the only path forward.
In these situations, one party, the party seeking resolution, can petition the appropriate court to intervene. This leads to a court ordered sale, where the judge steps in to divide the ownership interests, resolve any outstanding issues between the co-owners based on their share, and ultimately ensure the sale proceeds are distributed fairly.
The court does not make these decisions lightly. It reviews the facts, hears from all parties involved, and, if necessary, assigns a neutral third party (called a referee or commissioner) to manage the sale. This entire process falls under partition law, which provides a structured way for resolving disputes when co-owners can’t find common ground on their own.
Types of Forced Sales Under Joint Ownership
Here are the most common ways a forced sale can play out:
- Partition Action (Partition Lawsuit): This is the most common type, filed by one or more co-owners seeking to end the joint ownership when the other co owners won’t cooperate. The court divides the rights and responsibilities, and ultimately orders the sale.
- Judgment-Lien Sale: In this case, a creditor uses a court judgment to force the sale of a property to recover unpaid debts. This doesn’t always involve co-owners, but it’s still a form of court ordered sale.
- Foreclosure: A lender may initiate this process if the homeowners have fallen behind on mortgage payments. It results in a forced sale to recover the loan amount.
Each of these situations is different and can vary significantly depending on the nature of the dispute, the value of the property, and the key considerations specific to the legal matter at hand.
Why Forced Sales Happen in Joint Tenancy
Even the best intentions can turn into disagreements when joint tenants have conflicting goals or financial limitations. Forced sales often come about due to:
- Ongoing disputes between joint tenants or joint owners
- One co-owner’s interest in cashing out while the other wants to hold
- Divorces or breakups, especially when neither party wants to give up the home
- Inherited properties where siblings or heirs co own a home but can’t agree on what to do with it
- Legal actions tied to debts, unpaid obligations, or court costs
In each case, the issue comes down to incompatible goals. And when co owners based in different cities or states are involved, communication becomes even harder. That’s when filing for a partition lawsuit can become necessary, not because anyone wants to go to court, but because it's the only remaining path to a successful outcome.
California Partition Process, Step by Step
Step 1: Filing the Petition (1-2 months)
The partition process starts when one party files a partition lawsuit with the court. The plaintiff must serve all co-owners, including any other co owner.
Once that’s done, the case is officially filed in the right court. Service and initial filing can take a few weeks depending on each person’s availability and the parties’ willingness to move forward.
Step 2: Court Hearings and Negotiation Phase (2-4 months)
Once all parties are served, the court case begins. The court will encourage mediation first, if mediation fails the case moves forward.
This part of the partition process involves attorney guidance, motivation to reach a buyout agreement, and early discussions between the matter and potential resolution strategies. If unresolved it proceeds to hearings.
Step 3: Appointing a Referee or Commissioner (1-2 months)
If the co-owners can’t agree the court appoints a neutral referee or commissioner. This person does the appraisals, manages the sale of the property, and ensures sale proceeds are divided among all property owners. The process ensures each person’s ownership interest is evaluated fairly.
Step 4: Marketing and Selling the Property (2-3 months)
Once the referee or commissioner has valued the property they handle the real estate agent process, listing the property, coordinating showings, reviewing offers and finalizing a sale.
After at least 60 to 90 days once the buyer is confirmed the property goes through escrow and closing with the court overseeing the distribution of proceeds.
Timeline
In most partition cases the whole process takes 6 to 12 months. In cases with contested court hearings, disputes over ownership interest or scheduling conflicts in busy courts it can take 18-24 months or more.
