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Complaint To Partition Real Property
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.

 

 
[DEFENDANT(S) NAMES]and all persons unknown claiming any interest in the property,named as DOES 1 Through 50,Inclusive
Defendants
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CASE NO: _______
 
COMPLAINT FOR PARTITION

Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION

(For ________ Against ____)

<>. The subject of this action is certain real property situated in ____ County, California

<>. Defendant__, ___ is__, and at all times herein mentioned was__, a resident__ of the City of ___, County of __, State of California.

<>. Defendant__, ___, is__, and at all times herein mentioned, was__ a Corporation organized and existing under the laws of the State of California with principle offices located at ___, in the City of ___, County of ___.

<>. Plaintiff__ is__ ignorant of the true names and capacities of defendants sued herein as DOES I through X, inclusive, and therefore sues__ these defendants by such fictitious names. Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained.

<>. Plaintiff__ is__ informed and believes__ and thereon alleges__ that, at all times herein mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and scope of such agency and employment.

<>. The said real property is commonly known as ____, and more particularly described as follows:


[-----LEGAL DESCRIPTION-----]


<>. Plaintiff, ____, is the owner of _____[---specify proportionate amount of interest in the property , e.g., an undivided one-sixth interest (as shown in the title report attached to this complaint as Exhibit "A" and made a part of this complaint by reference)------] in the above-mentioned property which is coowned ____[----concurrently or in successive estates-----] by _____, herein named as defendant, and which plaintiff reasonably believes will be materially affected by this action.


<>. Defendant, ___, ___[----has or claimes---] ____[---specify proportionate amount of interest in the property, e.g., an undivided one-sixth interest (as shown in the title report attached to this complaint as Exhibit "A" and made a part of this complaint by reference)-----] in the above-mentioned property which is coowned ____[----concurrently or in successive estates----] by plaintiff and which plaintiff reasonably believes will be materially affected by this action.


<>. [-----If plaintiff wishes partition as to all interests in the property, allege---- Plaintiff designates all persons unknown claiming any interests in the property as defendants DOES 1 Through ____, inclusive.----]



[------EITHER------]



<>. _____ who was coowner of ____ [---specify nature and proportionate amount of interest----] in the property is deceased, as set out in the declaration of ____, filed with this complaint.


<>. On ___, 19___, _____ was duly appointed personal representative of ____, deceased, by order of the Superior Court of California, County of ____, No. ____, and is hereby joined as defendant in this action.



[------OR---------]



<>. _____ who was a coowner of ____[----specify nature and proportionate amount of interst-----] in the property is ____[-----deceased or believed to be deceased-----] and plaintiff knows of no personal representative, as set out in the declaration of ____, filed with this complaint.


<>. The plaintiff hereby joins as defendants the testate and intestate successors of ____, ____[---deceased or believed to be deceased----], and all persons claiming by, through, or under ____ [---said decedent or such person----].



[------CONTINUE-----]



<>. [----If plaintiff has knowledge of an unrecorded claim or interest in the property, allege:---- Defendant, ___, is the owner of ___[---specify proportionate amount of interest in property-----] which is unrecorded and coowned by plaintiff ____[----concurrently or in successive estates----] and which plaintiff reasonably believes will be materially affected by this action.



[--------EITHER -- if there are NO LIENS or ENCUMB. -------]



<>. There are no liens or encumbrances on the property appearing of record or otherwise known to plaintiff or apparent from an inspection of the property.



[-----OR---- if there are liens and encumbrances------]



<>. The liens and encumbrances on the property appearing of record or otherwise known to plaintiff or apparent from an inspection of the property and which plaintiff reasonably believes will be materially affected by this action are as follows: ____[---set out liens or encumbrances including those belonging to plaintiff, in tabular form if there are many, showing name, nature of interest, and amounts remaining due----].


<>. [-----If plaintiff has procured a title repore allege: ----Prior to the commmencement of this action, it was necessary for plaintiff to procure, and ____ procured a title report. Plaintiff incurred the expense of $_____ in procuring the title report, and that sum is the reasonable expense thereof. The title report is, and will be, kept available for inspection, copying, and use by the parties at _____, California. A copy of the title report is attached hereto as Exhibit ____ and made a part of this complaint.-----]


<>. [-----If ownership, share or quantity of interest of person having or claiming interest is unknown, allege: ---- The ____[---ownership or share or quantity---] of the interest claimed by ____ is ____[---unknownd or uncertain or contingent---]. [----If lack of knowledge, uncertainty, or contingency caused by transfer to unborn or unascertained person or clall member, or by transfer in form of contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, add: ---So far as is known to plaintiff, the following person(s)___ in being would be entitled to ownership of the interest if the contingency on which the right of such person(s)___ depends occurred prior to the commencement of this action: ____[---list names, ages, birthdates of any minors, and legal disabilities, if any for each such person, e.g. Mary Smith, a minor 12 years old, born October 22, 19___.-----]


<>. [-----If parties agree to partition by sale, allege:----Plaintiff, ____, and defendant _____ have agreed to partition by sale of the property in question [----and said agreement is attached to this complaint as Exhibit ____ and made a part of this complaint by reference----]


<>. [----If plaintiff seeking partition by sale without agreement, allege: -----Partition by sale of the property is more equitable than division in kind of the property because _____[----set forth facts showing that sale is more equitable, e.g., since the property is ____, it cannot be physically divided----].


<>. [-----If partition of successive estates is involved, allege: ---- Partition of the successive estates in the property is in the best interests of all the parties because _____[----set forth facts showing that such partition is in the best interests of the parties, e.g., the property is so old that it requires extraordinary repairs, the expense of which has become unduly burdensome to the holder of the possessory interest.-----]


<>. This action is brought and partition is sought herein, for the common benefit of the parties, to preserve and secure to each of them ____ respective interest and rights in the property, and plaintiff has incurred, and will incur, costs of partition herein, including reasonable attorney's fees, for the common benefit of the parties hereto, in _____[----set forth either the approximate sum or state an amount not yet ascertainable-----].



[----- OPTIONAL - FOR ACCOUNTING ----]



<>. Between ___, 19___ and ___, 19___, defendant ____[---specify facts, e.g, collected and received from the tenants in possession of the real property all the rents and profits from the real property, amounting to at least $_____ -----].


<>. Plaintiff has heretofore demanded of defendant that ____ account to plaintiff for any and all sums so received by ____, and that ____ pay to plaintiff ____ share thereof, but defendant has failed and refused to make such accounting or to pay to plaintiff the sums due to ___ and still fails and refuses to do so.


<>. Due to defendant's refusal to make an accounting of _____ or to pay to plaintiff the sums due ___, as alleged above, ____[----specify effect, e.g., the proceeds from future rents and profits of said real property are in danger of being lost or misappropriated by defendant----] unless a receiver is appointed by the court to _____[----specify, e.g., take possession of the real property and to collect the rents until this action is finally determined----].

WHEREFORE, plaintiff__ pray__ judgment against defendant__ and each of them, as follows:

1. For partition ____[---in kind or by sale----] of the ____[---specify present or future or both----] interests in the property according to the respective rights of the parties hereto;


2. For the expense reasonably incurred by plaintiff in obtaining a title report of the real property ____[---in an amount not yet ascertainable----], with interest thereon from ____, 19___[----date of commencement of action];


3. That the costs of partition, and of this action, including reasonable counsel fees expended by plaintiff and defendants for the common benefit, fees and expenses of referees, and other disbursements be ordered paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein and more particularly that plaintiff be reimbursed for sums advanced in this regard beyond ____ just proportion thereof, and that the costs be included and specified in the judgment and become a lien on the several shares of the parties;


4. For the costs of partition, including attorney's fees, necessarily incurred by a party for the common benefit in prosecuting or defendant other actions or other proceedings for the protection, confirmation, or perfection of title, setting the boundaries, or making a survey of the property, with interest thereon from ___, 19___[----date of making expenditures----]; and



[----OPTIONAL --- RE ACCOUNT., RECEIVER ---]



<>. ________


5. For such other and further relief as the court may deem proper.

 DATED: _______________  __________________________________________
   (Signature)

 

VERIFICATION

 

 

I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

 

 

DATED: _________________ ___________________________________

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