Legal Question in Real Estate Law in California

Re: Answer on Summons

There is no "form" for answering a complaint for partition. Your answer needs to be custom-written on pleading paper following the usual formatting rules for papers to be placed on a court file, including vertical margin rules, numbered lines, the case caption on the first page, page numbering, a footer with the document title on each page, and so forth. It must include a proof of service and if the complaint is verified, which it probably is, the answer must also be verified.

Answers to verified complaints usually consist of two parts. In the first, the defendant replies to each material allegation of the complaint by specific denial, denial based upon lack of information or belief, affirmative admission, or admission by silence. Everything not denied is deemed admitted. In the second, the defendant states additional matters which constitute defenses. Each defense asserted must be stated separately.

Answers to complaints for partition also have a few specific requirements for contents, set forth at Code of Civil Procedure sections 872.410 and 872.420, and per sction 872.430, it is permissible for the defendant to ask for contribution or other compensatory adjustment in the answer.

Generally, there are few defenses that can be raised to stop or prevent a partition. Obviously, it would be a valid defense that the plaintiff had no interest in the property. Waiver is also occasionally a defense, e.g., where the co-owners have a written agreement not to partition, or where the defendant has an option or right of first refusal. So, more often than not, the thrust of a defense to a partition should be to assert money claims that would affect the fair distribution of the proceeds of sale.

Also, many partition cases are settled before final trial be agreement on a buy-out or a negotiated sale.

Re: Answer on Summons

In a partition action, it is generally value and contributions that are disputed. Your situation may be different. You may be able to use general denail, if the complaint is not verified, otherwise you must be more precise. Do not forget the affirmative defenses and begin discovery.

Re: Answer on Summons

Sounds like you're trying to represent yourself, which may not be a good idea, particularly depending on the value of the real property you mention. If you're determined to go down that path, I would recommend you locate your court's public law library and ask the librarian to pull The Rutter Group Series, Weil & Brown, Civil Procedure Before Trial. That is an excellent volume that babysteps the law to the extent that can be done. That's basically the guidance your question asks for but may not be what you really need. If you are financially able, you would be well advised to consult with an attorney in your local area. There are many nuances in dealing with litigation that a lay person simply cannot learn in the timeframe required by a case and my hope is that you would not experience 20-20 hindsight. Kind thoughts to you. - Cathy