Orange California Complaint for Partition of Real Property

State:
Multi-State
County:
Orange
Control #:
US-02663BG
Format:
Word; 
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Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

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FAQ

The timeline for a partition lawsuit varies based on several factors, including case complexity and court schedule. Generally, once you file your Orange California Complaint for Partition of Real Property, you can expect several months for initial court proceedings. If mediation fails, a trial could extend the process further, sometimes reaching a year or more before a final resolution is reached. Therefore, it's essential to remain patient and prepared for various outcomes.

A compelling reason for a partition action includes situations where co-owners cannot agree on the use or sale of the property, leading to conflicts. If co-owners want to fairly divide their interests, initiating an Orange California Complaint for Partition of Real Property can resolve this. These actions ensure a fair distribution, allowing each party to receive their rightful share. This legal remedy promotes harmony among property owners by clarifying ownership rights.

A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner. Absent a waiver, an owner has an absolute right to partition his or her interests in the property and force a sale of the property.

A common approach is using mediation, which is led by a neutral third party who helps facilitate discussion between the parties involved to try and help them reach a settlement agreement. Mediation can be used even if a partition suit has already been filed.

A partition action is the only court ordered process in California to bring an end to real estate co-ownership disputes. Under California Code of Civil Procedure Section 872.210, a partition action is a legal process taken to divide a California real estate equitably among its co-owners.

After seeking and hiring a partition attorney, the counsel then files a complaint via a petition for partition action in the county where the property is located. Once the complaint is filed, a notice of pendency of action (lis pendens) is recorded with the County Recorders Office.

The only property which can be divided is the coparcenery property. Coparcenery property is ancestral property. Self-acquired property of a member is not subject of partition as it belongs to the owner. Self-acquired property is owned by person hard earned more, gift or will.

The party who wishes to initiate the action (the Plaintiff) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.

Partition actions are when one party to jointly-owned property or a business wants to sell their ownership rights. Business litigation and partnership disputes happen all the time and the remedy is a partition action that occurs in a court of law. Parties owning property usually sell the property.

A partition action is a lawsuit that forces the sell of ownership in court. Whether it's a building, home, or farm, anything attached to real property can be divided and sold by co-ownership in California. California legislation has a written Civil Code Procedure to follow when ownership is dissolved or changed.

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Orange California Complaint for Partition of Real Property