Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer: Filing a Partition Petition in California
When co-owners seek to divide or sell shared property, they can file a partition action under California law (CCP § 872.010). A partition petition lets the court order a physical division (partition in kind) or a sale (partition by sale). Follow these steps to file a court petition to partition land owned by multiple relatives in California.
1. Identify All Co-Owners
List every person holding a legal interest in the property. Confirm names and addresses. Include heirs, trusts, or corporations if any.
2. Obtain a Preliminary Title Report
Order a preliminary title report or abstract. It verifies current ownership and shows liens or encumbrances. Attach it to your petition (CCP § 873.310).
3. Draft the Partition Petition
Use Judicial Council Form PLD-120. Provide:
- Property description with assessor’s parcel number
- Ownership details and percentage interests
- A proposed remedy: partition in kind or by sale
4. File the Petition and Pay Fees
Submit the petition at the superior court clerk’s office in the county where the land lies. Pay the filing fee or request a fee waiver if you qualify.
5. Serve the Petition on Co-Owners
Serve each co-owner with the petition and summons according to CCP § 415.10. Use a registered process server or county sheriff.
6. Respond to Objections or Cross-Complaints
Co-owners may file a written response, object, or file a cross-complaint. They can request partition in kind or sale. The court schedules a hearing to resolve disputes (CCP § 872.720).
7. Court Hearing and Order
At the hearing, present evidence on property value, division lines, and partition method. The court issues an order:
- Partition in kind: The court divides property into separate parcels
- Partition by sale: The court appoints a referee (CCP § 874.020) to sell the property and distribute proceeds (CCP § 875.010)
8. Record the Court Order
Record the final partition decree or referee’s deed with the county recorder. This updates ownership records officially.
Helpful Hints
- Verify notice requirements to avoid delays
- Consider mediation to reach a voluntary agreement
- Hire a surveyor for accurate legal descriptions
- Preserve records of service and filings
- Consult an attorney if you face complex title issues