California Code of Civil Procedure 872.110 is the California partition statute that specifies the requirement that a partition complaint must be filed in the county where the real property is located, otherwise known as venue. The statute provides that:
(a) The superior court has jurisdiction of actions under this title.
(b) Subject to the power of the court to transfer actions, the proper county for the trial of actions under this title is:
(1) Where the subject of the action is real property or real and personal property, the county in which the real property, or some part thereof, is situated.
(2) Where the subject of the action is personal property, the county in which the personal property is principally located at the commencement of the action or in which the defendants, or any of them, reside at the commencement of the action.California Code of Civil Procedure 872.110
This section states that for real property partitions, the action should be filed in the Superior Court of the county where the real property is located.
One tricky issue is when co-owners hold properties in multiple counties. The law appears to suggest that “the proper county for the trial of actions under this title is…[w]here the subject of the action is real property…, the county in which the real property, or some part thereof, is situated.” California Code of Civil Procedure 872.110(b)(1) It would appear that an action can be filed in a superior court where any of the properties, i.e., some “part” of the real properties, are located when co-owners hold properties in multiple counties. Such coordination of cases can create a more efficient result. In fact, in many instances, an exchange of fractional interests may be part of a settlement.
Talkov Law's Partition Attorneys Can Help
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!
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