Legal Question in Real Estate Law in California

Re: legal form to file for a ''partition''

There is no form. You must file with the court a legal complaint alleging all the facts, properly serve the other party with the complaint, wait 30 days from service to see if he answers the complaint. If he doesn't, you can get a default judgment. If he does answer, you get to duke it out in court to see who wins.

Re: legal form to file for a ''partition''

It is not necessary for a lawyer to file a partition action. There is no form. It has to be filed on 28 line paper. The problem is that if you make a technical mistake, you could be out of luck. If you have any questions or want consultation, please contact our office at 714 363 0220.

Re: legal form to file for a ''partition''

While it is THEORETICALLY possible to file, serve and otherwise prosecute a partition action "in pro. per., I believe it is too difficult for all but the most astute non-attorney. Among other things, partitioning real estate should include the recording and filing of a 'lis pendens' against the property. A non-lawyer cannot file a lis pendens without prior approval of the court, and you won't get this unless you know how to place the matter before a judge and the judge is convinced you know what you're doing.

Also, a partition requires a full legal property description and the complaint must include all persons claiming an interest adverse to plaintiff's, including for example the holder of any deed of trust.