Rialto California Complaint for Partition of Real Property

State:
California
City:
Rialto
Control #:
CA-5012-KL
Format:
Word; 
Rich Text
Instant download

Description

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 Rialto California Complaint for Partition of Real Property is a legal document filed in the Rialto, California court system to initiate a lawsuit seeking the division or sale of a jointly-owned property between co-owners who cannot agree on its use, disposition, or division. This legal action is filed when multiple parties have an ownership interest in a property, and one or more of the co-owners want to terminate the shared ownership and gain their share of the property's equity. In a Rialto California Complaint for Partition of Real Property, the plaintiff (the co-owner filing the lawsuit) requests the court to intervene and enforce a division or sale of the property, not necessarily based on the wishes of the other co-owners, but rather in a fair and equitable manner. This complaint is often pursued as a last resort when co-owners fail to reach an agreement through negotiation or mediation. Keywords: Rialto California, Complaint for Partition, Real Property, legal document, lawsuit, jointly-owned property, co-owners, termination of ownership, equity, division, sale, court intervention, negotiation, mediation. Different types of Rialto California Complaint for Partition of Real Property may include: 1. Rialto California Complaint for Partition of Residential Real Property: This type of complaint pertains to residential properties such as single-family homes, townhouses, condominiums, or duplexes owned by multiple individuals who are unable to agree on its division or sale. 2. Rialto California Complaint for Partition of Commercial Real Property: This type of complaint is applicable to commercial properties, such as office buildings, retail spaces, warehouses, or mixed-use developments, when co-owners are at odds regarding the property's future use or disposition. 3. Rialto California Complaint for Partition of Agricultural Real Property: This type of complaint involves agricultural land or farms jointly owned by individuals who disagree on how the land should be utilized or distributed. Keywords: Rialto California, Complaint for Partition, Residential Real Property, Commercial Real Property, Agricultural Real Property, joint ownership, division, sale, disagreement, use, disposition.

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FAQ

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.

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.

Self-Acquired Property Also, any property acquired by gift or will is also considered as a Self-Acquired Property. Self-Acquired property cannot be partitioned during the lifetime of the person who has acquired it.

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.

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 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?.

The length of time it takes to win a partition action is usually between three to nine months, depending on the level of complexity, whether court involvement is required, or otherwise.

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.

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Rialto California Complaint for Partition of Real Property