Complaint And Lis Pendens - Commencement Of Action - Civil Procedure - CA

Section § 872.210

This section of the law states that certain people can start a legal action to divide property. Specifically, it allows co-owners of personal or real property to ask a court to divide the property if they share ownership with others. However, it does not allow married couples or those in similar relationships to use this process to divide their shared marital property.

(a) A partition action may be commenced and maintained by any of the following persons:

(1) A coowner of personal property.

(2) 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.

(b) Notwithstanding subdivision (a), an action between spouses or putative spouses for partition of their community or quasi-community property or their quasi-marital interest in property may not be commenced or maintained under this title.

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Section § 872.220

This law explains how and when a title report should be obtained in a lawsuit. If a plaintiff needs a title report before starting a case, they can get one and must mention it in their complaint, also stating where it can be viewed and copied by others involved. Alternatively, any party to the case can ask the court for permission to get a title report, and the court will then specify where it should be made available for others to inspect and use.

If it is necessary to have a title report:

(a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate this has been done and designate a place where it will be kept for inspection, use, and copying by the parties.

(b) The court may, upon application of a party, authorize the party to procure a title report and shall designate a place where it shall be kept for inspection, use, and copying by the parties.

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Section § 872.230

This section explains what must be included in a legal complaint about dividing or selling property. It requires a description of the property, mentioning where it is located if it’s tangible, and providing its legal and common address if it's real estate. The complaint must list the plaintiff's interest in the property, any other known interests, and the specific estate to be divided. If the plaintiff wants to sell the property, they must explain why in clear terms.

The complaint shall set forth:

(a) A description of the property that is the subject of the action. In the case of tangible personal property, the description shall include its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any.

(b) All interests the plaintiff has or claims in the property.

(c) All interests of record or actually known to the plaintiff that persons other than the plaintiff have or claim in the property and that the plaintiff reasonably believes will be materially affected by the action, whether the names of such persons are known or unknown to the plaintiff.

(d) The estate as to which partition is sought and a prayer for partition of the interests therein.

(e) Where the plaintiff seeks sale of the property, an allegation of the facts justifying such relief in ordinary and concise language.

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Section § 872.240

This law section says that in California, different types of property, like real estate or personal belongings, can be divided or split up through a single legal action.

Real and personal property may be partitioned in one action.

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Section § 872.250

When someone files a lawsuit to divide real estate, they must immediately record a notice in the county where the property is located. If they later want to include other properties, they must also record a new notice for those. If they don't record the notice, the court can order them to do so and pause the case until it’s done. Recording this notice means everyone is considered aware of the lawsuit concerning that property.

(a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located.

(b) If, thereafter, partition of other real property is sought in the same action, the plaintiff or other person seeking such relief shall immediately record a supplemental notice.

(c) If the notice is not recorded, the court, upon its own motion or upon the motion of any party at any time, shall order the plaintiff or person seeking partition of the property, or another party on behalf of the plaintiff or other person, to record the notice and shall stay the action until the notice is recorded. The expense of recordation shall be allowed to the party incurring it.

(d) From the time of filing the notice for record, all persons shall be deemed to have notice of the pendency of the action as to the property described in the notice.

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