SECTIONS 872.210-872.250 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 872.210-872.250

872.210. (a) A partition action may be commenced and maintained by
any of the following persons:
(1) A coowner of personal property.
(2) An owner of an estate of inheritance, an estate for life, or
an estate for years in real property where such property or estate
therein is owned by several persons concurrently or in successive
estates.
(b) Notwithstanding subdivision (a), an action between spouses or
putative spouses for partition of their community or quasi-community
property or their quasi-marital interest in property may not be
commenced or maintained under this title.

872.220. If it is necessary to have a title report:
(a) The plaintiff may, prior to commencing the action, procure a
title report and shall in the complaint indicate this has been done
and designate a place where it will be kept for inspection, use, and
copying by the parties.
(b) The court may, upon application of a party, authorize the
party to procure a title report and shall designate a place where it
shall be kept for inspection, use, and copying by the parties.

872.230. The complaint shall set forth:
(a) A description of the property that is the subject of the
action. In the case of tangible personal property, the description
shall include its usual location. In the case of real property, the
description shall include both its legal description and its street
address or common designation, if any.
(b) All interests the plaintiff has or claims in the property.
(c) All interests of record or actually known to the plaintiff
that persons other than the plaintiff have or claim in the property
and that the plaintiff reasonably believes will be materially
affected by the action, whether the names of such persons are known
or unknown to the plaintiff.
(d) The estate as to which partition is sought and a prayer for
partition of the interests therein.
(e) Where the plaintiff seeks sale of the property, an allegation
of the facts justifying such relief in ordinary and concise language.

872.240. Real and personal property may be partitioned in one
action.

872.250. (a) Immediately upon filing the complaint, the plaintiff
shall record a notice of the pendency of the action in the office of
the county recorder of each county in which any real property
described in the complaint is located.
(b) If, thereafter, partition of other real property is sought in
the same action, the plaintiff or other person seeking such relief
shall immediately record a supplemental notice.
(c) If the notice is not recorded, the court, upon its own motion
or upon the motion of any party at any time, shall order the
plaintiff or person seeking partition of the property, or another
party on behalf of the plaintiff or other person, to record the
notice and shall stay the action until the notice is recorded. The
expense of recordation shall be allowed to the party incurring it.
(d) From the time of filing the notice for record, all persons
shall be deemed to have notice of the pendency of the action as to
the property described in the notice.