1 Notice: Please contact a partition action lawyer in California at Talkov Law Corp.

at (844) 4-
TALKOV for to advise you of your rights upon an assessment of the facts in your case before
2 using this template.

3 [Name or Name and Bar Number]

4 [Mailing Address]
Telephone: [Phone]
5 Email: [Email]

6 [Attorney for Plaintiff or Plaintiff In Pro Per]

7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF [NAME OF COUNTY WHERE THE PROPERTY IS LOCATED]
9

10 [Name of Plaintiff(s)] CASE NO.

11
Plaintiffs,
12 VERIFIED COMPLAINT FOR
v. PARTITION BY [SPECIFY MANNER OF
13 PARTITION]
[Name of Defendants], and Does 1-10,
14 Inclusive, OF REAL PROPERTY
15 Defendants. (Unlimited Civil Complaint – Amount
Demanded Exceeds $25,000)
16

17 [Property Address]

18

19 Plaintiff alleges herein as follows:

20 INTRODUCTION

21 1. This is an action for partition by [specify manner of partition, e.g. by sale, in kind,

22 etc.] of the real property at [address of property], held equally as [joint tenants or tenants in common]

23 by plaintiff[(s)] and defendant[(s)], with tenant-in-possession [name] having refused to voluntarily

24 sell the real property in question or buy out the share of plaintiff’s interest. Accordingly, plaintiff has

25 filed this complaint to have the real property partitioned by [specify manner of partition].

26 THE PROPERTY

27
-1-
VERIFIED COMPLAINT FOR PARTITION BY [SPECIFY MANNER OF PARTITION] OF REAL
PROPERTY
 1 2. The subject of this action is certain parcels of real property comprising a [single-

2 family residence, commercial property, vacant land, etc.] within the County of [Name of County],

3 State of California, commonly known as [Address], Assessor’s Parcel Number [APN] (the

4 “Property”), consisting of the real property in the City of [Name of City], County of [Name of

5 County], State of California, legally described as follows: [Legal Description]

6 PARTIES

7 3. Plaintiff [Name of Plaintiff] (“Plaintiff”) is an individual residing in [Name of County]

8 County in the State of California, who presently holds a [indicate percentage of ownership, e.g., one-

9 half] interest in the Property as a [describe method of holding title, e.g., joint tenant or tenant in

10 common].

11 4. Defendant [Name of Defendant] (“Defendant”) is an individual [residing at the

12 Property] in [Name of County] County in the State of California, who presently holds a [indicate

13 percentage of ownership, e.g., one-half] interest in the Property as a [describe method of holding title,

14 e.g., joint tenant or tenant in common].

15 5. Plaintiff does not know the true names and capacities of the defendants sued as Does 1

16 through 10, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will

17 amend this complaint to add the true names and capacities of these defendants when they are

18 ascertained. Each of the fictitiously named Doe defendants claims a possessory or title interest in the

19 Property.

20 JURISDICTION

21 6. This Court has jurisdiction of this matter for the reason that the amount in question

22 exceeds the jurisdictional minimum of the Court, exclusive of costs and interest.

23 VENUE

24 7. Venue is proper in this Court because the real property that is the subject of this action

25 is located in this County.

26 TITLE TO THE PROPERTY

27
-2-
VERIFIED COMPLAINT FOR PARTITION BY [SPECIFY MANNER OF PARTITION] OF REAL
PROPERTY
 1 8. On [Date], a grant deed transferring the Property from third parties to “[text from the

2 deed]” was recorded in the Official Records of [Name of County] County as Instrument Number

3 [number], a true and correct copy of which is attached hereto as Exhibit 1 and incorporated herein by

4 reference.

5 9. [Optional: On [Date], a grant deed transferring the Property from [Plaintiff or

6 Defendant] to “[text from the deed]” was recorded in the Official Records of [Name of County]

7 County as Instrument Number [number], a true and correct copy of which is attached hereto as

8 Exhibit 2 and incorporated herein by reference.]

9 10. Accordingly, as of the date of this complaint, Plaintiff alleges that [Plaintiff and

10 Defendant] each hold a [e.g., one-half] interest in the Property.

11 11. Note if Joint Tenancy: follow our guide to severing joint tenancy.

12 ENCUMBRANCES OF RECORD ON THE PROPERTY

13 12. On [date], a deed of trust encumbering the Property in favor of [lender] securing a

14 promissory note in the principal sum of $[amount] was recorded in the Official Records of [Name of

15 County] County as Instrument Number [number], a true and correct copy of which is attached hereto

16 as Exhibit 2 and incorporated herein by reference (“Deed of Trust”).

17 13. Plaintiff is informed and believes, and thereon alleges, that the principal sum due on

18 the promissory note secured by the Deed of Trust as of the filing of this complaint is in the

19 approximate sum of $[specify balance on mortgage].

20 14. Plaintiff alleges that the Deed of Trust is the only recorded encumbrance on the

21 Property.

22 VALUE OF AND EQUITY IN THE PROPERTY

23 15. Plaintiff alleges that value of the Property is approximately $[specify value of

24 property], which exceeds the encumbrance[s] on the Property.

25 RIGHT TO PARTITION IS ABSOLUTE

26 16. “Ordinarily, if the party seeking partition is shown to be a tenant in common, and as

27 such entitled to the possession of the land sought to be partitioned, the right to partition is absolute,
-3-
VERIFIED COMPLAINT FOR PARTITION BY [SPECIFY MANNER OF PARTITION] OF REAL
PROPERTY
 1 and cannot be denied, ‘either because of any supposed difficulty, nor on the suggestion that the

2 interest of the cotenants will be promoted by refusing the application or temporarily postponing

3 action, . . .’” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325; see Bacon v. Wahrhaftig (1950) 97

4 Cal.App. 2d 599, 603.

5 17. Plaintiff alleges that, as a tenant in common and/or joint tenant, Plaintiff’s right to

6 partition the Property is absolute.

7 [OPTIONAL: THIS ACTION HAS BEEN REQUIRED DUE TO DEFENDANT’S REFUSAL

8 TO COOPERATE]

9 18. [Optional: Before filing this action, Plaintiff requested that Defendant pay Plaintiff the

10 equity in the Property proportionate to Plaintiff’s ownership interest. However, as of the date of this

11 complaint, the Defendant has not agreed to do so. Accordingly, this action was filed.]

12 FIRST CAUSE OF ACTION

13 (Partition of the Property - Against All Defendants)

14 19. Plaintiff incorporates the allegations above as though fully set forth herein.

15 20. This action for partition is brought for the common benefit of the parties, to preserve

16 and secure to each of them their respective interest and rights in the Property. Pursuant to C.C.P. §

17 874.010(a), Plaintiff has and will incur the costs of the partition of the Property, including reasonable

18 attorneys’ fees incurred by the Plaintiff, for the common benefit of the parties, in an amount

19 according to proof, which shall be allocated to the parties according to their ownership interests in the

20 Property. See Code Civ. Proc. § 874.040.

21 21. [If partition by sale is the preferred remedy, allege: Partition by sale is the more

22 equitable remedy than division in kind for the Property. The Property is an improved [single-family

23 residence, commercial property, etc.] without any surplus land, making a division in kind unfeasible

24 as the co-owners would receive an interest valued at a price materially less than the share of proceeds

25 the co-owners would receive through the sale of the Property as a whole, thereby resulting in a loss to

26 the co-owners.]

27
-4-
VERIFIED COMPLAINT FOR PARTITION BY [SPECIFY MANNER OF PARTITION] OF REAL
PROPERTY
 1 22. [If partition by sale is the preferred remedy, allege: If any defendants do not assist with

2 the orderly sale of the Property, Plaintiff will seek equitable relief by way of a court order requiring

3 said defendants to vacate the Property and remove any personal belongings, including the

4 appointment of a referee under Code of Civil Procedure § 873.010 to prepare the Property for

5 marketing, and to market and sell the Property with approval of this Court. In such event, Plaintiff

6 will request that the referee’s fees as well as the attorney’s fees be deducted entirely from the

7 proceeds of the non-cooperative defendant(s) in an amount according to proof with statutory interest

8 thereon at a rate of ten percent per annum. See Code Civ. Proc. § 874.040 and 874.030.]

9 23. [If partition by sale is the preferred remedy, allege: Plaintiff requests a court order

10 disbursing the proceeds of sale of the Property upon consideration of an allowance, accounting,

11 contribution, and other compensatory adjustments among the parties according to the principles of

12 equity under Code of Civil Procedure §§ 140, 873.820(d), and 873.820.]

13 WHEREFORE, Plaintiff prays for judgment against all Defendants as follows:

14 1. For partition of the interests in the Property according to the respective rights of the

15 parties hereto;

16 2. That the costs of partition, and of this action, including reasonable attorneys’ fees

17 expended by Plaintiff for the common benefit, fees and expenses of referees and/or agents, and other

18 disbursements be ordered paid by the parties in accordance with their respective interests in the

19 Property, that the costs and attorneys’ fees be included and specified in the judgment and become a

20 lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof

21 at time of trial, and that the referee’s fees be included and specified in the judgment and become a

22 lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof

23 at time of trial with statutory interest thereon at a rate of ten percent per annum;

24 3. That an order of disbursement be made according to an allowance, accounting,

25 contribution, and other compensatory adjustments among the parties according to the principles of

26 equity;

27
-5-
VERIFIED COMPLAINT FOR PARTITION BY [SPECIFY MANNER OF PARTITION] OF REAL
PROPERTY
1 4. For equitable relief to change the locks, thereby excluding any non-cooperative

2 defendants and any other individuals with keys to the Property, including their personal belongings,

3 in the event of their non-cooperation with the orderly sale of the Property;

4 5. For costs of suit incurred herein; and

5 6. For such other and further relief that the court may deem just and proper.

6 DATED: [Date]

7 By: ___________
[Attorney for Plaintiff or Plaintiff in Pro Per]
8

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27
-6-
VERIFIED COMPLAINT FOR PARTITION BY [SPECIFY MANNER OF PARTITION] OF REAL
PROPERTY
1 VERIFICATION

2 STATE OF CALIFORNIA, COUNTY OF [COUNTY]

3 I have read the foregoing VERIFIED COMPLAINT FOR PARTITION BY [SPECIFY

MANNER OF PARTITION] OF REAL PROPERTY and know its contents.
4

5 I am a party to this action. The matters stated in the foregoing document are true of my own
knowledge except as to those matters which are stated on information and belief, and as to those
6 matters I believe them to be true.

7 Executed on [Date] at [City], California

8 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
9

10
______________________
11 [Name of Plaintiff]

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27
-7-
VERIFIED COMPLAINT FOR PARTITION BY [SPECIFY MANNER OF PARTITION] OF REAL
PROPERTY