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 property,” naming them in that manner.
California Code of Civil Procedure 872.550
It can be difficult to name any and all parties who may claim to have an interest in a property, especially when the property has been passed down for generations, there is a long and complicated title history, or there is clouded title.
A clouded title, or “cloud on title” refers to any issue or defect that challenges a property’s clear ownership, potentially complicating its sale or transfer. Common causes include unpaid liens, recording errors, boundary disputes, or claims from third parties. Until resolved, typically through legal action or negotiation, a cloud on title can hinder transactions like selling or refinancing the property.
This statute allows plaintiffs to join any unknown person who has an interest in the party without requiring they be named individually. Thereafter, service by publication will be required under Code of Civil Procedure § 872.320 and Code of Civil Procedure § 872.330.
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 nine, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 430 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 (844) 4-TALKOV (825568) or sending us a message today.
