A default partition judgment allows the court to order the sale of the property without the absent co-owner’s involvement. When a co-owner files a partition action and the other party refuses to respond, the case moves forward. Co-owners have an absolute right to partition under California law. Whether the other party engages or not, the … Read More
A co-owner who abandons a property in California does not lose their ownership rights, but their absence often creates financial strain that can be resolved through a partition action. When one co-owner stops contributing, the remaining co-owner is often left covering the mortgage and upkeep alone. This situation is common among unmarried couples, family members, … Read More
Generally, no, it is not best to informally notify your co-owner that you have hired an attorney to file a lawsuit for partition of the co-owned real property. The general reason that co-owners ask if they should inform their co-owners that they are filing for partition is some perceived moral obligation to provide informal notice … Read More
Partition actions in California sometimes involve co-owners who cannot be located. The law allows for service by publication to ensure that a partition attorney in California can end the co-ownership dispute through a judgment of partition, which generally involves a partition by sale. Below, we explain how to name and serve defendants by publication when … Read More
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 … Read More
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 … Read More
California Code of Civil Procedure 872.320 is the California partition statute that specifies the requirements for service by publication and posting at the property. The statute provides that: Where the court orders service by publication, such order shall be subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after the … Read More
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