Tenancy-in-Common Interests and Partition in San Francisco: A Russian Hill Guide

In brief: On Russian Hill, many apartments are owned as tenancies in common, where each owner holds a share of the whole building. When an owner dies, heirs inherit a share, not a separate unit. Disputes with co-owners and among heirs often end in a partition case unless an agreement controls.

By Michael Hackard, California trust and estate litigation attorney. Last reviewed October 28, 2026.

A tenancy in common lets several people own one building together, usually under a written TIC agreement that assigns each owner a unit. When one owner dies, the heirs step into that share and into the agreement’s rules on sale, financing and buyouts.

If heirs disagree, or a co-owner wants to force a sale, the law of partition decides what happens next.

A hill named for its graves

Russian Hill takes its name from a small cemetery of Russian sailors that Gold Rush settlers found at the top of the hill. A plaque near the end of Vallejo Street tells the story. It is an old reminder that in San Francisco, the question of what remains after a death has always been tied to the land.

How does partition work when heirs share a building?

Any co-owner may bring an action to partition real property under Code of Civil Procedure section 872.010. The court can divide the property, or more often in a multi-unit building, order a sale.

California’s Partition of Real Property Act, Code of Civil Procedure sections 874.311 through 874.323, applies to real property held in tenancy in common when no recorded agreement binding all co-owners governs partition, for actions filed on or after January 1, 2023. It requires an appraisal and gives co-owners who did not ask for a sale the chance to buy out those who did.

A written TIC agreement often controls the outcome. A trustee or personal representative who holds a TIC share must follow both the agreement and the duties owed to beneficiaries.

Warning signs

• A co-owner pressing heirs to sell quickly
• Disputes over shared loan payments or assessments
• One heir living in the unit and refusing to pay
• No copy of the TIC agreement in the estate file
• Offers from insiders below appraised value

Where a Russian Hill case is heard

Every San Francisco neighborhood shares one probate court. Trust, estate and probate matters are handled at the Civic Center Courthouse, 400 McAllister Street. Regular probate appearance hearings are generally in Department 204; ex parte appearances are in Department 202. A petition about an existing trust is filed in that trust’s case. Many non-evidentiary probate hearings may be attended remotely, while evidentiary hearings and trials are in person unless the court orders otherwise. Parties generally arrange a private court reporter for probate evidentiary hearings and trials. Fee-waiver recipients may request a court-provided verbatim record by submitting a written request at least two weeks before the proceeding.

How contingency fees work

Hackard Law handles qualifying trust, estate and elder financial abuse cases on a contingency fee. You pay no hourly fees. The fee is a percentage of what is recovered, set out in a written agreement before work begins. The firm advances the costs of the case. Those costs are repaid from the recovery before the fee is calculated. If there is no recovery, you owe no fee and no costs, unless your written agreement provides otherwise.