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.
Bakersfield California Complaint for Partition of Real Property
Category:
State:
California
City:
Bakersfield
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
The action shall be brought by the person who has a right to compel the partition of real estate (Sec 1, Rule 69) The plaintiff is a person who is supposed to be a co-owner of the property or estate sought to be partitioned.
Any or all the co-owners of the property can file a suit for partition in issue. In a situation where more than one heir exist, and if all of them are not willing to file a partition suit, it is not required for all the heirs to collectively participate in a suit for partition.
A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.
There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Also known as ?Partition in Kind,? a Partition by Physical Division requires the Court to divide the land by its proportional value.
This usual cost for a partition action in California is between $5,000 to $12,000, with the most common cost for a partition action being about $8,000.
How Long Does a Partition Action Take? If you have to go to court, the process could take around two years from start to finish. However, if you can agree through mediation, the process could take significantly less time.
After seeking and hiring a partition attorney, the counsel then files a complaint via a petition for partition action in the county where the property is located. Once the complaint is filed, a notice of pendency of action (lis pendens) is recorded with the County Recorders Office.
A Partition action is a legal action filed in Court that names all parties who have or claim an interest in the subject property, including owners, lienholders, lenders, and holders of future estates. The action commences with the filing of a Partition complaint, which is filed and served on all named defendants.
How much does a partition action cost? In California, the cost of partition action and attorneys fees can vary greatly, depending on the complexity of the property and issues involved and the resistance of your opposing party. Attorney's fees can range from $20,000 to $100,000+ per party.
The short answer is no, a partition action cannot be stopped. Each co-owner has an ?absolute right? to partition. This is difficult or impossible to overcome. However, it may be possible to voluntarily halt the partition through negotiation or through a buyout of the co-owner's interest.