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California Complaint for Partition of Real Property

Category:
Civil Actions - Complaints - Partitions
State:
Multi-State
Control #:
US-02663BG
Format:
Word; 
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Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

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How to fill out Complaint For Partition Of Real Property?

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FAQ

A partition action usually takes about 18 to 24 months to get to trial. Some cases are done in less time; others take longer. Different factors affect trial scheduling, including how complex a case is to discover, discovery disputes in some cases, and how the court schedules its trials.

On January 1, 2023, there was a more fundamental change to California law when the PRPA replaced the Heirs Act. Under the PRPA, any party to a partition action has the right to request that the court determine the property's value, and potentially buy-out the other owner, rather than have the property sold.

A partition action is a cause of action that falls under real estate litigation. A partition cause of action divides a property Such action is brought when a co-owner of a property wants to sell a property but the other co-owners refuse. Partition actions are governed by California Code of Civil Procedure §872.210.

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.

There are reasons to verify complaints even when verification is not required by statute: If the complaint is verified, the answer must be verified, unless the defendant is a public entity or officer. CCP §446. The defendant's denials and allegations must be made under oath or penalty of perjury.

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.

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.

In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.

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