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 court has full authority to proceed and a defaulting co-owner cannot use their silence to block or delay the outcome.
What Is a Default Judgment in a California Partition Action?
A default judgment occurs when a defendant is properly served, but fails to respond within the time allowed by law, which is usually 30 days. The filing co-owner applies for entry by default, ending the other party’s ability to participate in the case.
Under Cal. Code Civ. Proc. § 872.710(b), partition “shall be as of right unless barred by a valid waiver.” The court decides how to carry out the partition, not whether to allow it.
The defaulting co-owner keeps their property share but loses the ability to:
- Raise defenses or contest ownership percentages
- Challenge the property’s appraised value
- Negotiate the manner of partition
- Assert credits for mortgage payments, repairs, or taxes paid
How the Default Process Works in a California Partition Action
Service of the partition complaint starts the clock. When a co-owner cannot be located, Cal. Code Civ. Proc. § 872.310(b) authorizes service by publication, which applies to:
- Co-owners with unknown addresses
- Co-owners with a known address, but are evading service
Sometimes, this involves co-owners who are incarcerated and co-owners whose mental illness prevents engagement.
Once served, the defendant has 30 days to file an answer under Cal. Code Civ. Proc. § 872.410 to contest the case. Without one, the plaintiff requests entry of default and moves for a default judgment.
What a Default Judgment Means for Both Co-Owners in a California Partition Action
A default does not give the filing co-owner everything, even if the co-owner abandons the property. The court still confirms each party’s ownership share before granting relief.
The court enters an interlocutory judgment of partition, appointing a partition referee to manage the partition by sale and distribute proceeds. If the absent co-owner refuses to sign the deed at closing, the referee signs on the court’s authority instead.
Any co-owner served with a partition complaint should contact a partition attorney before the 30-day deadline.
Don’t Let an Unresponsive Co-Owner Delay Your Partition Action
Talkov Law can help. Unlike a letter warning of partition, a partition action can end the co-ownership if the recipient throws it in the trash. With twelve full-time partition attorneys and experience in over 575 partition actions throughout California, our team handles every step. Call (877) PARTITION (727-8484) today or contact us online to get started.
