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.
The California Complaint for Partition of Real Property is a legal document filed by owners of jointly owned real estate seeking a division or sale of the property. This complaint is usually filed when co-owners disagree on how to manage or use the property, and one or more owners wish to separate their interest from the others. In California, there are different types of Complaint for Partition depending on the circumstances: 1. Complaint for Partition by Sale: This type of complaint is filed when the owners cannot reach an agreement on the division of the property and want to force a sale. In this case, the court will order the property to be sold, and the proceeds will be divided among the owners based on their respective ownership interests. 2. Complaint for Partition in Kind: This complaint is filed when the owners agree to divide the property physically, either by assigning specific portions or dividing it into separate parcels. This option is chosen when the property can be easily divided without reducing its value significantly. 3. Complaint for Partition in Kind or by Sale: This type of complaint is filed when the owners cannot agree on whether to physically divide the property or sell it. The court will determine the most appropriate course of action based on the specific circumstances. Keywords: California, Complaint for Partition of Real Property, joint ownership, real estate, division, sale, co-owners, disagreement, management, division of property, partition in kind, partition by sale.
