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
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 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 βall persons unknown claiming any interest in the … 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
What is a Lis Pendens? In essence, a lis pendens is a notice of pending litigation against a piece of real property. A lis pendens means a “notice of the pendency of an action in which a real property claim is alleged.” See Code Civ. Proc. Β§ 405.2. A party who asserts a claim against … Read More
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