Riverside California Complaint for Partition of Real Property

Name: Riverside California Complaint for Partition of Real Property
Brand: US Legal Forms
Rating: 4.68 (457 reviews)

Category:

Civil Actions - Complaints - Partitions

State:

Multi-State

County:

Riverside

Control #:

US-02663BG

Format:

Instant download

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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How to fill out Riverside California Complaint For Partition Of Real Property?

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FAQ

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue.

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.

-- the only way you can stop partition is by going to mediation or talking to all the parties and get the matter settled.

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 California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of Partition.

The right of partition allows co-owners who are seeking to terminate their interests in a piece real property to do so by utilizing the appropriate court to force the sale of the property.

When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition.

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.

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.

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.

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Talkov Law, Riverside. As part of foreclosure process, need to fill out an appearance form and answer each question in the complaint.California. Legislative Counsel Bureau, ‎California.

Riverside California Complaint for Partition of Real Property

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How to fill out Riverside California Complaint For Partition Of Real Property?

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FAQ

What is a partition suit used for in real estate?

Does complaint for partition need to be verified?

How do I stop a partition on my property?

What is an action for partition?

What does partition mean in real estate?

What is the right of partition in real estate?

How do you respond to a partition action?

Does a complaint for partition need to be verified in California?

Which property can be divided by partition?

How do I file a partition action in California?

Interesting Questions

What is a Riverside Complaint for Partition of Real Property?

Who can file a Riverside Complaint for Partition of Real Property?

What happens after filing a Riverside Complaint for Partition of Real Property?

How does the court decide whether to sell or divide the property?

What if I don't want to sell the property?

How long does the partition process usually take?

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