Legal Question in Real Estate Law in California

Re: partition law suit

You can go to your local library. Be warned, it is somewhat complex.

Re: partition law suit

One of the reasons self-representation in a partition action is difficult is that the plaintiff must prepare, record and file a notice of pendency of action ("lis pendens") right after initiating the suit. An attorney can do so without getting an OK, but a self-represented party must appear before a judge and get approval of the proposed lis pendens before recording or filing it. Further, the pleadings and service requirements for a partition action are more complex than in most lawsuits.

There is a template for a partition complaint in the CEB (Continuing Education of the Bar) practice manual entitled "California Real Property Remedies and Damages, 2nd Ed." which will either (a) help you file yourself, or (b) convince you to seek the assistance of an attorney. Note that you need to join as a defendant anyone who claims an interest of record in the property, including lenders. You will be hearing from their attorneys shortly after you serve them! The complaint needs to be verified. In preparing the summons, you will probably have to use the extension form because the naming of the defendants will take up all the available space on the basic form, and more.

In the practice of law, much more "paperwork" is generated by thoughtful word-processing of material in the lawyer's mind, or in his or her word processor's memory due to prior thought, than is generated by filling in blanks on forms. True, there are Judicial Council forms that can be used for simple complaints like suit for collection of a debt, and things like the summons and civil case cover sheet are mandatory Judicial Council forms. However, a typical partition suit may contain say, 15 or 20 pages of double-spaced case-specific factual and legal allegations on the usual edge-ruled, line-numbered "pleading paper," and 85 to 90% of that will be freshly-composed for the particular case, rather than word-processor boilerplate.

Also note that it is usually considered wise to get a title report or "litigation guarantee" (see Code of Civil Procedure section 872.220) before commencing the action.

Re: partition law suit

You don't find it. You draft the paperwork. Abe Lincoln famously said, anyone who represents himself has a fool for a lawyer. A word to wise. Partition actions are rarely expensive.

Re: partition law suit

If you visit the law library in your area, you might find samples of petitions for partition. You might even be lucky to find a good example on the Internet. That said, it's always wise to have an attorney in your corner.