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Filing for Partition

How Much Equity Do I Need to Have in my Home to File a Partition Action

How Much Equity Do I Need to Have in My Home to File a Partition Action?

Any co-owner of real property in California can file a partition action, regardless of the size of their ownership interest. Put simply, if someone owns a mere 1% of a property, they can file a partition complaint. This is because the right to partition in California is absolute.  One court explained that “if the party … Read More

Partition Action Forms [California Template Sample Example]

Each partition action presents unique challenges. However, all partition actions start with a complaint for partition, sometimes known as a petition to partition property, which is usually a partition by sale. We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. As the … Read More

Code of Civil Procedure 874.225 – Claim in Property of Person Not a Party to Action; Effect of Judgment; Conditions (Partition Actions)

California Code of Civil Procedure 874.225 is the California partition statute that states that someone who is not a party to the partition action is not affected by the judgment so long as certain conditions are satisfied. The statute provides that: Except to the extent provided in Section 1908, the judgment does not affect a claim in … Read More

Am I Entitled to a Partition Action Attorney Lawyer

Can I File a Partition Action?

Am I Entitled to a Partition? California law generally allows any co-owner of a jointly owned property to force the sale of the property through a partition action. Partition actions are so favorable to public policy that the “right to partition is absolute.” [1]Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. However, there are … Read More

Venue in a Partition Action

Which Courthouse Should a Partition Action be Filed? Determining venue is one of the most basic requirements in a lawsuit. Venue establishes the county court in which the dispute will be heard. In a partition action, proper venue is generally the county in which at least one parcel of co-owned real property is located. Specifically, … Read More

Partition Cover Letter California

Letter Warning of Partition Action [Free Template Form Example]

Can a Letter Solve My Co-Ownership Dispute? With over 100 partition actions currently pending throughout California, Talkov Law’s dedicated partition attorneys have worked with hundreds of co-owners. While some are amenable to a sale or buyout, others are downright unreasonable, though most fall somewhere in between these two extremes. A partition action is usually a … Read More

California Code of Civil Procedure 873.720 Confirmation of or Setting Aside Sale, Motion, Notice in Partition Actions

Code of Civil Procedure 872.550 CCP – Joinder of All Persons Unknown Claiming Any Interest (Partition Actions)

California Code of Civil Procedure 872.550 is the California partition statute that allows a plaintiff to join all parties, including unknown parties, in a partition action. The statute provides that: Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the … Read More

Code of Civil Procedure 872.520 CCP - Names and Nature of Interest Unknown; Statement in Complaint; Orders (Partition Actions)

Code of Civil Procedure 872.520 CCP – Names and Nature of Interest Unknown; Statement in Complaint; Orders (Partition Actions)

California Code of Civil Procedure 872.520 is the California partition statute that adds to California Code of Civil Procedure 872.510 by further explaining the requirement of joining defendants or ownership interests that are unknown. This section provides as follows: (a) If the name of a person described in Section 872.510 is not known to the plaintiff, the … Read More

California Code of Civil Procedure 872.510 Joinder of Defendants

Code of Civil Procedure 872.510 CCP – Joinder of Defendants (Partition Actions)

California Code of Civil Procedure 872.510 is the California partition statute that explains who should be joined as a defendant in a partition action. The statute provides that: The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from … Read More

Code of Civil Procedure 872.540 CCP – Oil and Gas Interests (Partition Actions)

California Code of Civil Procedure 872.540 is the California partition statute that determines that lessees who use the property, but are not owners, should not be joined in the partition action. The statute provides that: Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or … Read More

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