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 an inspection of the property, in the estate as to which partition is sought.
California Code of Civil Procedure 872.510
This statute requires that anyone who has or claims to have an interest in a property shall be joined in the partition action.
Law Revision Commission Comments to California Code of Civil Procedure § 872.510
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 872.510 as follows:
Section 872.510 supersedes former Section 754 (no person having a lien or “conveyance” need be made a party unless of record). Under Section 872.510, only persons having interests in the estate or estates as to which partition is sought need be joined. This provision is elaborated in the succeeding sections of this article. It should be noted that “interest” includes liens and that joinder of additional parties may be necessary under Section 389 (mandatory joinder).
For the effect of failure to join the holder of a recorded interest, see Section 874.220; for the effect of failure to join holders of interests actually known to the plaintiff or reasonably apparent from an inspection of the property, see Section 874.230.
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If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With eight, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 400 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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