California Code of Civil Procedure 872.310 is the California partition statute that specifies how a summons for a partition action shall be served upon both named and unnamed parties. The statute provides that:
(a) The form, content, and manner of service of summons shall be as in civil actions generally.
(b) Service on persons named as parties pursuant to Sections 872.530(b) and 872.550, and on other persons named as unknown defendants, shall be by publication pursuant to Section 415.50 and the provisions of this article.
California Code of Civil Procedure 872.310
Usually, this means that the co-owners are personally served. However, in the event that co-owners cannot be located, they can also be served by publication.
Note that the newly added California Code of Civil Procedure 874.314 is the California partition statute that explains partition alternatives under the California Partition of Real Property Act.
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 twelve, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 600 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!
If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (877) PARTITION (727-8484) or sending us a message today.
