The California Code of Civil Procedure (C.C.P) allows for causes of actions to be brought for the partition of real and personal property and to quiet title. These actions enable a California court to resolve title conflicts between parties. If you are involved in a title dispute with another party or would like to bring an action to partition or quiet title, contact the Law Offices of Steffanie Stelnick today for a free evaluation and to get your case started.
Partition of Real and Personal Property in California
When there are co-owners of real property, they may bring a cause of action under California new requesting the court to divide or partition the property amongst interested parties. Under C.C.P 872.210 allows the following people to bring a partition action:
- “A co-owner of personal property.
- 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.
- 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.”
A partition action will not create a new title but instead allows the court to divide the property between interested parties equitably.
Bringing a Quiet Title Action in California Courts
The California Code of Civil Procedure allows a claim to be brought to “Quiet Title” under Section 760.010. The claim may be brought by anyone with a “legal or equitable right, title, estate, lien, or interest in property or cloud upon title.” A Quiet Title action enables a court to “establish title against adverse claims to real or personal property or any interest therein.” Under C.C.P Section 761.020 to commence an action to quiet title, all of the following must be included:
- “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.
- The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. If the title is based upon adverse possession, the complaint shall allege the specific facts constituting the adverse possession.
- The adverse claims to the title of the plaintiff against which a determination is sought.
- The date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint shall include a statement of the reasons why a determination as of that date is sought.
- A prayer for the determination of the title of the plaintiff against the adverse claims.”
Finding a Quiet Title or Partition Attorney in Southern California
Bringing a partition or quiet title action in the State of California can be difficult. You must meet all of the requirements under the California Code of Civil Procedure. Failure to provide adequate information in your complaint can result in the dismissal of your case. Attorney Steffanie Stelnick understands the importance of your interest. She will fight hard to protect your rights and your investment. Contact the Law Offices of Steffanie Stelnick today at (661) 917-2224 for a free evaluation.
