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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.
In A Partition Proceeding, Who Pays The Attorney's Fees? If a co-owner chooses not to hire a lawyer, the law generally says that each party handles paying their attorney. Under certain circumstances, the judge may order an unrepresented party to pay a portion of the fees in that case.
How to Stop a Partition Action Forced Appraised Buyout under the Partition of Real Property Act (previously the Uniform Partition of Heirs Property Act) ... Request Determination of Offsets and Reimbursements. ... Challenging a Plaintiff's Ownership Interest (Standing to Bring a Partition Action) ... Waiver of Right to Partition.
In partition actions, Code of Civil Procedure section 874.010 provides that the lower court in a partition action shall award attorney's fees incurred or paid by a party if there was a common benefit to all the parties?it is not a prevailing party statute, but it only spreads fees and costs associated with the ...
If the property is partitioned physically, the plaintiff typically will pay the Commissioner's fees but may seek contribution from other co-owners.