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.
A Fullerton California Complaint for Partition of Real Property is a legal document filed by a co-owner(s) of a property in Fullerton, California, seeking a court-ordered division or sale of the property. This complaint can be filed when there is a dispute or disagreement among the co-owners regarding the use, occupancy, or disposition of the property. The primary purpose of filing a Complaint for Partition of Real Property is to resolve conflicts between co-owners and achieve a fair resolution by either physically dividing the property or selling it and distributing the proceeds fairly among the co-owners. There are two main types of Complaint for Partition of Real Property that can be filed in Fullerton, California: 1. Partition in Kind: This type of complaint is filed when the property can be physically divided into separate portions and distributed among the co-owners. For example, if the property consists of multiple buildings or units that can be divided and assigned to each co-owner individually, the court may order a partition in kind. 2. Partition by Sale: This type of complaint is filed when the property cannot be conveniently divided or when dividing it would result in unfair distribution or diminished value. In such cases, the court may order a forced sale of the property, and the proceeds will be distributed among the co-owners in proportion to their respective interests in the property. Keywords: Fullerton California, Complaint for Partition, Real Property, co-owners, court-ordered division, sale, property dispute, occupancy, disposition, conflicts, resolution, physical division, selling, proceeds, Partition in Kind, Partition by Sale.
