Legal Question in Real Estate Law in California

Re: Legal Parties

In my opinion, yes. Merely being married to a party does not make one a party. A quick on-line search of cases did not turn up any case directly on point, but the drift of cases is that the limitation on the power to serve papers is construed narrowly, i.e. only a named party is barred from affecting service of process.

Re: Legal Parties

Howdy:

To serve process, one must be an unintersted party. While it might be possible for her to be an unintersted party (for instance, the rental is your separate property from an inheritance, and no transmutation to community prop), I'd suggest that she not do it.

I suspect the property is owned by both of you, though. If that's the case, she can't because she's interested, even though she's not named as a plaintiff.

Anyone else over 18 and not interested can do it, though...a brother or friend.

Good luck.

Re: Legal Parties

Ninty-nine times out of a hundred, the answer is no.