Code of Civil Procedure 874.314 CCP – Method of service; notice by publication (Partition of Real Property Act)

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California Code of Civil Procedure 874.314 is the California partition statute that explains partition alternatives under the California Partition of Real Property Act. The statute provides that:

(a) This act does not limit or affect the method by which service of a complaint in a partition action may be made.

(b) If the plaintiff in a partition action seeks an order of notice by publication, the plaintiff, not later than 10 days after the court’s determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.

California Code of Civil Procedure 874.314

In addition to the methods of service as provided in California Code of Civil Procedure 872.310, this statute allows for service of a complaint to be made by posting a sign on the property including pertinent information about the pending partition action, including the court name and address, property address or designation, and potentially the names of the plaintiff(s) and defendant(s).

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

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