This form is a complaint for the partition of real property. The form provides that the action is brought for the common benefit of the parties in order to preserve and secure to them their respective interests and rights in the property. Specifically, plaintiff requests from defendant the cost of partition, attorney's fees, and other expenses with added interest.
California Complaint for Partition of Real Property
Category:
State:
California
Control #:
CA-5012-KL
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FAQ
It is a civil pleading used by co-owners to ask a California court to divide or sell real property when they cannot agree on its use or management. The form lays out the plaintiffs and defendants, the property's legal description, ownership allegations, liens, and requests for partition by sale or in kind, plus provisions for attorney’s fees and costs incurred.
Times vary by county and case complexity. In California, a partition lawsuit can take longer if disputes arise or if a sale is contested, or shorter if the parties agree. Because this form supports either partition by sale or partition in kind, the chosen method can influence scheduling and duration.
To file, complete the California Complaint for Partition of Real Property with the plaintiff and defendant details, a legal description of the real property, ownership allegations, and any liens. Indicate whether you seek partition by sale or in kind and include requested attorney’s fees. File the completed form with the county Superior Court handling the property and serve all named parties.
Filing costs vary by county and court, and this form supports requests for attorney’s fees and costs incurred in the action. The form itself does not set a fixed price; contact the clerk for current filing fees and be prepared for potential service of process and other expenses depending on the partition method chosen.
This form provides a mechanism for co-owners who disagree on property use to petition the court for partition. It allows you to request partition by sale or partition in kind and requires allegations about each party’s ownership and the rationale for the chosen method. Even if one sibling resists, the court can order a sale or division.
This form is a standard California civil complaint that permits both partition by sale and partition in kind, depending on what the court finds appropriate. It requires you to specify ownership, property description, and the justification for the chosen method, and it provides for attorney’s fees and costs within the same action, all in one filing.