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.
Sample Complaint For Partition California
Category:
State:
California
Control #:
CA-5012-KL
Format:
Word;
Rich Text
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How to fill out California Complaint For Partition Of Real Property?
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FAQ
Answer to a Partition Action Complaint in California An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition. In the answer, defendants have an opportunity to address the allegations contained in the plaintiff's partition action complaint.
The party who wishes to initiate the action (the ?Plaintiff?) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.
A legal notice stating each co-interest owner in the property, their portion, and the action to be done must be served on each co-owner before filing a partition suit in order to try to resolve the conflict.
What Is a Letter Warning of Partition Action? Before commencing a partition action, the party who wants to divide their interest in the property may send a letter warning of partition action. This provides a formal notice to the other owners of potential legal action.
Here are some of the most common ways to win a partition suit: Getting bought out at a fair price. ... The property being sold on the open market. ... Getting a co-owner to move out of the property so it can be rented. ... Getting reimbursed for the funds you put into the property.