The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partition is sought.
Commencement of ActionParties
Section § 872.510
If you're starting a legal action to divide property, you must include as defendants anyone who either officially has, claims to have, or appears to have an interest in the property.
partition action property division defendants
Section § 872.520
If someone doesn't know who owns a piece of property they're filing a lawsuit about, they need to say so in the complaint and include 'unknown persons' in a specific way. When the exact share or ownership details are uncertain due to issues like the beneficiary being unborn or unidentifiable, the plaintiff must provide as much information as possible about who would own it if the situation were resolved. The court will ensure the right people are involved in the case by adding parties or appointing guardians if needed.
(a)CA Civil Procedure Code § 872.520(a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)CA Civil Procedure Code § 872.520(b) If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the
complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)CA Civil Procedure Code § 872.520(c) The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
unknown parties unknown ownership contingent interest
Section § 872.530
This law explains what to do in a lawsuit if someone who should be involved as a defendant is dead. If the plaintiff knows a personal representative for the deceased, they should be included as a defendant. If there's no known representative, the plaintiff must mention this in an affidavit. If the person is confirmed dead, the plaintiff can include 'successors'—both those named in a will (testate) and not (intestate)—as defendants. If the person is only believed to be dead, they can name the deceased and their potential successors as defendants.
(a)CA Civil Procedure Code § 872.530(a) If a person described in Section 872.510 is dead and the plaintiff knows of a personal representative, the plaintiff shall join such personal representative as a defendant.
(b)CA Civil Procedure Code § 872.530(b) If a person described in Section 872.510 is dead, or is believed by the plaintiff to be dead, and the plaintiff knows of no personal representative:
(1)CA Civil Procedure Code § 872.530(b)(1) The plaintiff shall state these facts in an affidavit filed with the complaint.
(2)CA Civil Procedure Code § 872.530(b)(2) Where it is stated in the affidavit that
such person is dead, the plaintiff may join as defendants “the testate and intestate successors of ____ (naming such deceased person), deceased, and all persons claiming by, through, or under said decedent,” naming them in that manner.
(3)CA Civil Procedure Code § 872.530(b)(3) Where it is stated in the affidavit that such person is believed to be dead, the plaintiff may join such person as a defendant, and he may also join “the testate and intestate successors of ____ (naming such person) believed to be deceased, and all persons claiming by, through, or under such person,” naming them in that manner.
personal representative deceased defendant testate successors
Section § 872.540
If a piece of property involved in a lawsuit is connected to oil or gas leases or agreements, the person bringing the lawsuit doesn't have to include certain interested parties as defendants. These parties include those who only have rights as leaseholders or royalty owners related to oil or gas. The court's decision won't impact their interests if they're not included in the case.
Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff need not join as defendants persons whose only interest in the property is that of a lessee, royalty-owner, lessor-owner of other real property in the community, unit, or pooled area, or working interest owner, or persons claiming under them, and the judgment shall not affect the interests of such persons not joined as defendants.
oil lease gas lease community lease
Section § 872.550
This law allows someone who wants to divide up property to include in the lawsuit anyone who might have an unknown claim to it, even if they don’t know their names.
Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the property,” naming them in that manner.
property partition unknown claimants include defendants
