… 872.210, a partition action does not create a new title in real property. Notice: Please contact an attorney to advise you of your rights upon an assessment of the facts in your case before using this template because the ramifications can be significant if you do not properly assert your rights in a California partition action. Filing an answer to a complaint in California is the topic of this blog post. Notice: Please contact an attorney to advise you of your rights upon an … LAWSUIT ANSWER TO COMPLAINT- Free Template and how to guide. Answer: The answer must set forth the interests that the defendant claims in the property, including any liens. K. BERNDT . Co-owners automatically have the right to request a partition action, unless they have signed an agreement waiving their right to seek partition … Attorney General of California TANIA M. IBANEZ Supervising Deputy Attorney General . 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2179 . [Optional if Joint Tenancy: By executing the verification to this complaint, Plaintiff hereby severs the joint tenancy on the basis that the execution on this complaint constitutes execution of “a written instrument that evidences the intent to sever the joint tenancy” under Civil Code § 683.2(a)(2), thereby creating a tenancy-in-common for which this partition action is proper.]. The answer will deny or admit the allegations, line-by-line as requested in the complaint. Click here for a Word format Partition Action Complaint California Sample. Respectfully. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. Plaintiff does not know the true names and capacities of the defendants sued as Does 1 through 10, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff requests a court order disbursing the proceeds of sale of the Property upon consideration of an allowance, accounting, contribution, and other compensatory adjustments among the parties according to the principles of equity under Code of Civil Procedure §§ 140, 873.820(d), and 873.820. For partition by sale of the interests in the Property according to the respective rights of the parties hereto; That the costs of partition, and of this action, including reasonable attorneys’ fees expended by Plaintiff for the common benefit, fees and expenses of referees and/or agents, and other disbursements be ordered paid by the parties in accordance with their respective interests in the Property, that the costs and attorneys’ fees be included and specified in the judgment and become a lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof at time of trial, and that the referee’s fees be included and specified in the judgment and become a lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof at time of trial with statutory interest thereon at a rate of ten percent per annum; That an order of disbursement be made according to an allowance, accounting, contribution, and other compensatory adjustments among the parties according to the principles of equity; For equitable relief to change the locks, thereby excluding any non-cooperative defendants and any other individuals with keys to the Property, including their personal belongings, in the event of their non-cooperation with the orderly sale of the Property; For such other and further relief that the court may deem just and proper. This sample complaint for quiet title and partition for California is verified and also includes causes of action for partition and declaratory relief is used when a party wishes to have the Court partition certain real property, and also to quiet title to certain real property as well as obtain declaratory relief from the court. Partition by sale is the more equitable remedy than division in kind for the Property. What options are available? An answer is a formal document filed by the defendant(s) with the proper court in which they were initially served a complaint. Parties are often able to do so after consulting with a skilled partition action lawyer to strategize on an appropriate outcome. Under California Code of Civil Procedure Section 872.210, a partition action is a legal process taken to divide real estate fairly among the co-owners. Plaintiff is informed and believes, and thereon alleges, that the principal sum due on the promissory note secured by the Deed of Trust as of the filing of this complaint is in the approximate sum of $[specify balance on mortgage]. FIFTH AFFIRMATIVE DEFENSE (Conduct Was Justified) 5. The Property is an improved [single-family residence, commercial property, etc.] When there is disagreement in which one or more co-owners of a property may want to sell the property, but another co-owner does not agree to sell, a partition action can ensure the sale of the property with a division of the proceeds fairly and equitably among the joint owners. The conduct of … . Tell us how we can be of service and one of our team members will contact you. SHEK, files this Verified Complaint for Partition against Defendant, DA DOSS SHENK, and alleges: 1. 4 found this answer helpful helpful votes | 0 lawyers agree . The complaint should provide a correct legal description of the property, its situation, and the interest of each of the parties. ANSWER PACKET—NON-SPECIFIC . We have received a complaint partition on a property which has three owners. However, complaints are also considered sufficient to start a partition action. 3 Fullerton California 92835 coLva za Tel 714 4461400 CENTRALJUST 4 Fax 714 4461448 1 5 Attorneys for Defendants ALAN CARLSON City of Costa Mesa and Thomas Hatch 6 BYTTER 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE CENTRAL JUSTICE CENTER 10 11 COSTA MESA CITY EMPLOYEES Case No 302011 00475281 ASSOCIATION 12 … However, as of the date of this complaint, the Defendant has not agreed to do so. On [Date], a grant deed transferring the Property from third parties to “[text from the deed]” was recorded in the Official Records of [Name of County] County as Instrument Number [number], a true and correct copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. The partition statutes do not apply to property divisions under the Family Law Act or in other types … [Optional: On [Date], a grant deed transferring the Property from [Plaintiff or Defendant] to “[text from the deed]” was recorded in the Official Records of [Name of County] County as Instrument Number [number], a true and correct copy of which is attached hereto as Exhibit 2 and incorporated herein by reference.]. 4. How Long Does a Divorce Really Take in California? The complaint or petition should clarify the point that the plaintiff is a joint owner of a property with the defendants and the plaintiff wants a partition of the property. An answer is a formal document filed by the defendant (s) with the proper court in which they were initially served a complaint. 33. If the Demurrer is overruled, the Defendant must file an Answer to the original complaint within 10 days (California Rules of Court (CRC), Rules 3.1320(g), and (j)). Talkov Law Corp.(844) 4-TALKOV (825568)info@talkovlaw.com, Offices in Los Angeles, Orange County, San Diego, Riverside, Palm Springs, San Bernardino County, Palo Alto, and San Jose. D. Suggestions, Comments, Observations, Inefficiencies, Fraud, Incompetence, Malpractice 34. You are strongly encouraged to obtain help from an attorney in order to protect your rights and to correctly follow all the applicable substantive and procedural rules of law. In … If any defendants do not assist with the orderly sale of the Property, Plaintiff will seek equitable relief by way of a court order requiring said defendants to vacate the Property and remove any personal belongings, including the appointment of a referee under Code of Civil Procedure § 873.010 to prepare the Property for marketing, and to market and sell the Property with approval of this Court. On August 8, 2008, I served the within ANSWER TO COMPLAINT BY DEFENDANT RALPH HILLIARD AND WORDNET SOLUTIONS, INC. on the interested parties in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Los Angeles, California, addressed as follows: PLEASE SEE ATTACHED SERVICE … alleges that the Complaint, and each and every cause of action contained therein, is barred by the applicable statutes of limitation, including, but not limited to, California Code of Civil Procedure sections 337, 337.1, 337.15, 338(a-k), 338.1, 339, 340(1-5), 343, 346, 347, and 430.10. He founded Talkov Law Corp. after one decade of experience with one of the region's oldest law firms, where he served as one of the firm's partners. Complaint is the plaintiff desires to get from the court improved [ single-family residence, commercial property,.. 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