When a title owner sues to partition property, then the matter is relatively straightforward. On the other hand, when a person claims to be an owner of property but does not appear on the title, can they still sue to partition property?
Who can sue for partition?
A legal titleholder—as well as the holder of an equitable title to an undivided interest—may sue to establish his or her right, and to obtain a division of the common property. (Varni v. Devoto (1909) 10 Cal.App. 304.) Not all equitable titles, however, are created equal. Indeed, the partition statute explicitly lists the types of equitable interests that may have a right to seek recourse through partition.