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 Without Notice
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
There are at least several ways to win a partition action suit, not the least of which include: Selling your equity at a fair price. Selling the house on the open market. Receiving compensation for money put into the home. Renting the property. Keeping the property for yourself and buying out the other co-owners.
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.
Hopkins (1904) 144 Cal. 19, 27). In other words, there is no statute of limitations in a partition action because the right to partition is absolute. A co-owner may bring an action for partition at any point within the co-ownership, no matter how long this person has been a co-owner.
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.