What Steps Are Required to Initiate or Consent to a Partition Action Before a Court-Appointed Commissioner in California?

Disclaimer: This article is for educational purposes and does not constitute legal advice.

Detailed Answer

Under California law, a partition action lets co-owners divide or sell real property when they cannot agree on its use or disposition. The relevant statutes appear in the California Code of Civil Procedure (CCP) sections 872.010–874.920.

1. Initiation of a Partition Action

1. File a complaint: A co-owner files a complaint for partition in superior court under CCP § 872.310. The complaint must identify the property, all parties, and state whether you seek division in kind or sale.
2. Pay filing fees or seek waiver: Pay the court’s filing fee or submit a fee waiver application if you qualify for indigent status.
3. Serve process: Serve the complaint and summons on all co-owners following the rules in CCP § 872.320 and § 872.330.
4. Exchange disclosures: Provide title documents, surveys, and any valuation reports if requested by other parties.
5. Request a commissioner: Either party may ask the court to appoint a commissioner under CCP § 873.020. Include a proposed order and a declaration certifying the commissioner’s qualifications.
6. Secure fees and bond: The court may require a deposit or bond to cover commissioner fees and expenses (CCP § 873.560).
7. Commissioner’s report: After appraisal and physical division or sale arrangements, the commissioner files a report with proposed allocations or sale terms (CCP § 873.610).
8. Final decree of partition: If parties agree, the court adopts the report. If not, the court holds a hearing and issues a decree of partition under CCP § 874.010.

2. Consenting to Partition by Stipulation

1. Negotiate terms: Co-owners agree on division, sale price, or buy-out method.
2. Draft stipulation: Prepare a written stipulation outlining the agreed procedure and proposed commissioner.
3. File the stipulation: Submit the stipulation and a proposed order to the court, along with any required deposit or bond.
4. Obtain court approval: The court reviews the stipulation and, if appropriate, signs an order implementing the agreed partition method.
5. Carry out the order: The commissioner or parties perform the division, sale, or buy-out as ordered.

Key Statutory References

• CCP § 872.310 – Complaint for Partition
• CCP § 873.020 – Appointment of Commissioner
• CCP § 874.010 – Decree of Partition

Helpful Hints

• Consult a real estate attorney to confirm procedural requirements and deadlines.
• Consider mediation to reach agreement without litigation.
• Gather and organize title documents, surveys, and valuations early in the process.
• Track timelines: you generally must serve defendants within 60 days of filing.
• Budget for court costs, commissioner’s fees, appraisal fees, and escrow expenses.

This article is for educational purposes and does not constitute legal advice.