What to give your attorney to start a partition action in California

Quick overview: To begin a partition case in California, your lawyer needs documents that prove ownership, describe the property, show liens or encumbrances, identify all co-owners and interested parties, and preserve facts about possession, use, and value. Supplying a complete, well-organized packet speeds-up evaluation, reduces discovery costs, and helps your attorney assess whether partition in kind or partition by sale is likely. This is educational information only and not legal advice.

1. Basic legal background (statute)

Partition actions in California are governed by the Code of Civil Procedure. See California Code of Civil Procedure § 872.010 (actions to obtain partition or sale) for the statutory basis for bringing an action: CCP § 872.010. Your attorney will use these provisions to determine remedies and procedure.

2. Essential ownership and title documents

• Recorded deed(s) showing how you and the other owners hold title (grant deed, quitclaim deed, trustee’s deed, etc.). If you have copies, provide certified copies if available.
• Trust documents, wills, or probate papers if ownership is held by or passed through an estate or trust.
• Any prior partition agreement, buy-sell agreement, co-ownership agreement, property settlement (for example, in a divorce), or written agreement among co-owners dividing rights.
• Preliminary title report or title insurance policy (if you have it). If not, provide the name of the title company and policy number if known.
• Assessor’s parcel number (APN) and current property tax bill or statement.

3. Encumbrances, liens, and lender information

• Mortgage promissory note and deed of trust; current mortgage account statements and payoff letters (or lender contact information).
• Recorded liens, mechanic’s liens, judgment liens, or tax liens (recorded abstracts or referral information).
• Homeowners’ association (HOA) documents showing dues, assessments, and any recorded CC&Rs or liens if the property is in an association.

4. Documents showing use, possession, and contributions

• Lease agreements and tenant contact information if the property is rented. Include security deposit receipts and rent ledgers.
• Proof of payment for mortgage, taxes, insurance, utilities, and major repairs (bank statements, cancelled checks, invoices, receipts) to show contributions by co-owners.
• Evidence of exclusive possession or adverse possession claims (photos, witness statements, utility bills in one owner’s name), if relevant.
• Photographs or video of the property, boundaries, and any disputed improvements.

5. Property description, surveys, and appraisals

• Recorded legal description from the deed (copy of the deed is usually sufficient).
• ALTA/land survey or boundary survey, if available. If there’s a boundary dispute, any professional surveyor’s reports.
• Recent appraisals, broker price opinions, or comparable sales information.
• Plat maps or assessor maps that show parcel lines.

6. Communications and dispute evidence

• Copies of emails, text messages, letters, or certified letters between co-owners about the property or attempts to resolve the dispute.
• Any notices you or others have served (for example, a partition demand letter) and responses.
• Records of meetings, mediation attempts, or any settlement offers or counteroffers.

7. Identity and relationship documents

• Full legal names, current addresses, phone numbers, and email addresses for every record owner, co-owner, lienholder, and any other person with a recorded or apparent interest.
• If owners are entities, provide formation documents and authorization showing who can act for the entity (articles of organization, bylaws, corporate minutes, or resolution).
• Death certificates and heir contact information if an owner is deceased, plus probate or trust administration documents showing successor ownership.

8. Financial and process-related info

• Estimates of property income and expenses (rents received, utilities, repairs, HOA dues).
• Your goals: whether you want the property physically divided (partition in kind), sold and proceeds divided, or to buy out another owner.
• Time-sensitive items: pending sale contract, foreclosure notices, tax sale notices, or upcoming HOA foreclosure actions.

9. Timeline: what your attorney does next

1. Review the packet to confirm ownership, liens, and whether all interested parties are identified and can be served.
2. Advise whether to attempt settlement, mediation, or demand a partition. Many cases settle before filing.
3. If filing, the attorney prepares a complaint for partition, identifies necessary parties, and asks the court for partition in kind or sale (per CCP § 872.010 and related rules).
4. Court procedures may include appointment of a commissioner/referee to divide or sell property, an accounting of rents and expenses, and distribution of proceeds after liens and costs are paid.

10. Practical tips and red flags

• If a mortgage, foreclosure, or tax lien is imminent, tell your attorney immediately—time-sensitive filings and negotiations may be required.
• Missing title documents are common; your attorney can order a current title report and request certified copies from the county recorder.
• If a co-owner is in prison, incapacitated, or deceased, special service or guardianship/probate steps may be required.
• Be candid about informal arrangements (who pays utilities, who manages repairs). Courts consider equitable contributions when allocating costs and proceeds.

Helpful Hints

• Organize what you have into folders or PDFs: deeds & title, liens & mortgages, leases & rent, repairs & expenses, correspondence, and identity documents.
• Bring originals to the first meeting if possible. If not, clear photocopies or scanned PDFs are usually fine to start.
• Make a timeline (dates and short notes) of key events affecting the property and co-owners—this helps the attorney spot issues quickly.
• Ask your attorney who needs to be joined as a party—missing a necessary party can delay or invalidate parts of a partition action.
• If a sale is an option, get a broker valuation early—knowing likely net sale proceeds helps everyone evaluate buyout vs. sale.
• Expect costs for title work, filing fees, referees or court-appointed commissioners, appraisals, and possibly sale costs; discuss fee structure and whether costs can be paid from sale proceeds.

Final note / disclaimer: This article is educational and summarizes common documents and steps under California law. It is not legal advice. For advice tailored to your situation, contact a licensed California attorney. See CCP § 872.010 for the statutory basis for partition actions: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=872.010&lawCode=CCP.