The monthly cost of owning a median-priced U.S. home, mortgage, insurance, and property taxes combined, now runs about $3,200 in today's dollars, according to Harvard's Joint Center for Housing Studies. That's 46 percent higher than 2019 in real terms, and it exceeds what homeowners paid in 1990, when 30-year mortgage rates were above 10 percent.
Those figures describe buyers trying to get into the market. They also describe something else: the rising cost of staying stuck in a property you already co-own but can't sell.
What the $3,200 Monthly Cost Figure Actually Means
The $3,200 figure isn't one expense; it's three stacked on top of each other. Three inputs drove that number up. Home prices have risen 54 percent nationwide since 2020. Property taxes rose 31 percent between 2019 and 2025. Insurance premiums rose 72 percent over the same period.
Put together, that's a 46 percent real increase in monthly ownership costs since 2019, and it helps explain why the U.S. homeownership rate fell for a second consecutive year in 2025, with the sharpest declines among adults under 35. For co-owners already holding property together, this same math applies whether they're actively trying to sell or stuck waiting for a resolution.
Why Rising Carrying Costs Change the Math for Co-Owners in Dispute
Co-ownership arrangements are rarely a problem when they start. Two people buy a home together because it's the only way either could afford it alone. Siblings inherit a property jointly. Investment partners split equity on paper during a period of appreciation. The arrangement works until circumstances change and the owners stop agreeing on what happens next.
When that happens, the same cost pressures reshaping the buyer's market apply directly to the property sitting in dispute. Insurance premiums that have risen 72 percent since 2019 don't pause because the owners are in conflict. Property tax bills that have climbed 31 percent still arrive. A mortgage payment that reflects 54 percent of nationwide price appreciation since 2020 still comes due monthly, usually paid disproportionately by whichever co-owner is still engaged, while the other refuses to sell, stops responding, or can't be located.
The connection between these national affordability trends and a specific co-owned property disputes case is direct rather than incidental. The same cost increases making it harder for new buyers to enter the market are the exact costs accumulating against a co-owner who is carrying a disputed property alone. That accumulation has a compounding effect that a static appraisal doesn't capture: a property's equity may be growing on paper while the net financial position of the co-owner covering the bills is eroding in real time. Resolving the dispute stops that erosion; waiting extends it.
What California Partition Law Actually Does
California's partition statutes, codified in the Code of Civil Procedure beginning at section 872.010, give any co-owner of real property the right to seek a court-ordered resolution of a co-ownership dispute. Consent from the other owner isn't required, and proving fault isn't required either. If you co-own California real property, you generally have the right to seek partition regardless of what the other owner wants.
Who Can File a Partition Action?
Any co-owner of real property, whether holding title as a joint tenant, tenant in common, or under another recognized form of co-ownership, generally has standing to file a partition action. This includes spouses or former partners, siblings or relatives who inherited a shared interest, and business partners in a jointly owned investment property. A co-owner's share doesn't need to be a majority interest for that owner to have the right to petition the court.
Forcing a Sale When Co-Owners Can't Agree
Courts resolve partition actions one of two ways. A partition in kind divides the property physically among the owners, but this is rarely workable for a single residential structure. The more common outcome is a partition by sale, in which the court orders the property sold and divides the proceeds according to each owner's ownership interest.
The Partition of Real Property Act, adopted in California effective January 1, 2023, changed the analysis for what the statute defines as "heirs property," certain inherited property held among family members, creating a preference for keeping that property within the family before a forced sale is ordered. Outside that category, the traditional partition framework applies: any co-owner can petition for a sale, and the court generally must grant it.
Verbal agreements made at purchase, informal understandings between owners, or an owner's refusal to engage do not remove a co-owner's right to seek partition. A partition action functions as a check on a co-owner's ability to block resolution indefinitely.
Common Situations That Lead to Co-Owners Disagreeing on a Sale
Rising carrying costs raise the financial pressure in a co-ownership dispute, but they aren't usually what starts one. A few situations show up again and again:
Inherited property.
Siblings or other relatives inherit a share of real estate together and disagree about whether to keep it, rent it out, or sell it, a common source of inherited property disputes.
A breakup or divorce
Unmarried partners or spouses who bought property together may find that one wants to sell and move on while the other wants to stay.
Business partnership dissolution
Investment partners who bought property together during a strong market can later disagree about whether to sell, hold, or refinance once the partnership itself falls apart.
A Note on How Partition Cases Are Handled at This Firm
Cost is one of the most common reasons co-owners delay pursuing a legal resolution, even when they know they have a right to one, a hesitation that rising carrying costs make more expensive, not less urgent. Underwood Law Firm handles qualifying partition cases through its Win First, Pay Later model: our attorneys are paid from the outcome of the case rather than upfront by the client.
Conclusion
A $3,200 monthly carrying cost is a heavy enough burden for a single owner. For a co-owner shouldering it alone while a dispute drags on, it's a cost that compounds every month a sale is delayed. Rising mortgage payments, insurance premiums, and property taxes don't wait for co-owners to agree, which is exactly why resolving a stalled co-ownership dispute sooner rather than later matters.
If you co-own California real property and want to understand whether partition is an option, contact Underwood Law Firm for a consultation.
Frequently Asked Questions
Can a co-owner be reimbursed for carrying costs after a forced sale?
In many cases, yes. When one co-owner has been paying more than their share of the mortgage, insurance, property taxes, or necessary repairs, courts can often factor those contributions into the final accounting before the remaining sale proceeds are divided, so that co-owner isn't left absorbing costs the other owner should have shared.
What happens if one co-owner is living in the home and refuses to sell?
A co-owner living in the property doesn't lose the other owner's right to seek partition. The court can still order a partition by sale, though the co-owner in possession may need to account for the fair rental value of their exclusive use of the property when the proceeds are divided.
How much does a partition lawsuit cost in California?
Costs vary by case complexity, county, and how contested the matter is, since fees can include filing costs, attorney's fees, appraisal costs, and referee fees if the court appoints one. Many of these costs are ultimately paid out of the sale proceeds rather than out of pocket, and firms offering a Win First, Pay Later structure cover attorney's fees upfront so a co-owner isn't paying to pursue their own right to a resolution.
Is mediation an option before filing a partition action?
Yes. Co-owners can often resolve a dispute through mediation or informal negotiation, whether that means one buying out the other or agreeing to a voluntary sale, without ever filing suit. Mediation tends to be faster and less expensive than litigation, but it depends on every co-owner being willing to engage in good faith.
How long does a partition action take from filing to sale?
Timelines vary by county and by how contested the case is, but many partition actions resolve within several months to a year from filing to a completed sale. Straightforward, cooperative cases tend to move faster; cases with disputes over value, contributions, or title tend to take longer.
