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 Partition Complaint California Withholding
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
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.
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.
The summons you receive should state the deadline you have to file a response to the partition action. All documents must be filed by this deadline, with a copy provided to each of the other parties. The response should lay out whatever denials and defenses you wish to assert.
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.
A partition action is filed in the Court by submitting a "complaint" that complies with all of the requirements of the Code of Civil Procedure. In California, almost all of the partition actions are filed by attorneys on behalf of parties because there are a number of technical legal requirements for filing a lawsuit.