[Name or Name and Bar Number]

[Mailing Address]

Telephone: [Phone]

Email: [Email]

[Attorney for Plaintiff or Plaintiff In Pro Per]

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [NAME OF COUNTY WHERE THE PROPERTY IS LOCATED]

[Name of Plaintiff(s)]
CASE NO.
VERIFIED COMPLAINT FOR PARTITION BY
Plaintiffs,
[SPECIFY MANNER OF PARTITION] OF
REAL PROPERTY
v.
(Unlimited Civil Complaint – Amount
[Name of Defendants], Demanded Exceeds $25,000)
and Does 1-10, Inclusive,
[Property Address]
Defendants.

Plaintiff alleges herein as follows:

INTRODUCTION

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

sale, in kind, etc.] of the real property at [address of property], held
equally as [joint tenants or tenants in common] by plaintiff[(s)] and
defendant[(s)], with tenant-in-possession [name] having refused to
voluntarily sell the real property in question or buy out the share of
plaintiff’s interest. Accordingly, plaintiff has filed this complaint to have
the real property partitioned by [specify manner of partition].
THE PROPERTY

2. The subject of this action is certain parcels of real property comprising

a [single-family residence, commercial property, vacant land, etc.]
 within the County of [Name of County], State of California, commonly
known as [Address], Assessor’s Parcel Number [APN] (the “Property”),
consisting of the real property in the City of [Name of City], County of
[Name of County], State of California, legally described as follows:
[Legal Description]

PARTIES

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

[Name of County] County in the State of California, who presently
holds a [indicate percentage of ownership, e.g., one-half] interest in
the Property as a [describe method of holding title, e.g., joint tenant
or tenant in common].
4. Defendant [Name of Defendant] (“Defendant”) is an individual
[residing at the Property] in [Name of County] County in the State of
California, who presently holds a [indicate percentage of ownership,
e.g., one-half] interest in the Property as a [describe method of
holding title, e.g., joint tenant or tenant in common].
5. Plaintiff does not know the true names and capacities of the
defendants sued as Does 1 through 10, inclusive, and therefore sues
these defendants by such fictitious names. Plaintiff will amend this
complaint to add the true names and capacities of these defendants
when they are ascertained. Each of the fictitiously named Doe
defendants claims a possessory or title interest in the Property.
JURISDICTION

6. This Court has jurisdiction of this matter for the reason that the
amount in question exceeds the jurisdictional minimum of the Court,
exclusive of costs and interest.
VENUE

7. Venue is proper in this Court because the real property that is the
subject of this action is located in this County.
8. Note: follow our guide to determining proper venue in a partition
action
TITLE TO THE PROPERTY

8. On [Date], a grant deed transferring the Property from third parties to

“[text from the deed]” was recorded in the Official Records of [Name
of County] County as Instrument Number [number], a true and correct
copy of which is attached hereto as Exhibit 1 and incorporated herein
by reference.
 9. [Optional: On [Date], a grant deed transferring the Property from
[Plaintiff or Defendant] to “[text from the deed]” was recorded in the
Official Records of [Name of County] County as Instrument Number
[number], a true and correct copy of which is attached hereto as
Exhibit 2 and incorporated herein by reference.]
10. Accordingly, as of the date of this complaint, Plaintiff alleges that
[Plaintiff and Defendant] each hold a [e.g., one-half] interest in the
Property.
11. Note if Joint Tenancy: follow our guide to severing joint tenancy.
ENCUMBRANCES OF RECORD ON THE PROPERTY

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

[lender] securing a promissory note in the principal sum of $[amount]
was recorded in the Official Records of [Name of County] County as
Instrument Number [number], a true and correct copy of which is
attached hereto as Exhibit 2 and incorporated herein by reference
(“Deed of Trust”).
13. Plaintiff is informed and believes, and thereon alleges, that the
principal sum due on the promissory note secured by the Deed of Trust
as of the filing of this complaint is in the approximate sum of $[specify
balance on mortgage].
14. Plaintiff alleges that the Deed of Trust is the only recorded
encumbrance on the Property.
VALUE OF AND EQUITY IN THE PROPERTY

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

[specify value of property], which exceeds the encumbrance[s] on the
Property.
RIGHT TO PARTITION IS ABSOLUTE

16. “Ordinarily, if the party seeking partition is shown to be a tenant

in common, and as such entitled to the possession of the land sought
to be partitioned, the right to partition is absolute, and cannot be
denied, ‘either because of any supposed difficulty, nor on the
suggestion that the interest of the cotenants will be promoted by
refusing the application or temporarily postponing action, . . .’” Priddel
v. Shankie (1945) 69 Cal.App. 2d 319, 325; see Bacon v.
Wahrhaftig (1950) 97 Cal.App. 2d 599, 603.
17. Plaintiff alleges that, as a tenant in common and/or joint tenant,
Plaintiff’s right to partition the Property is absolute.
[OPTIONAL: THIS ACTION HAS BEEN REQUIRED DUE TO
DEFENDANT’S REFUSAL TO COOPERATE]
 18. [Optional: Before filing this action, Plaintiff requested that
Defendant pay Plaintiff the equity in the Property proportionate to
Plaintiff’s ownership interest. However, as of the date of this
complaint, the Defendant has not agreed to do so. Accordingly, this
action was filed.]
FIRST CAUSE OF ACTION

(Partition of the Property – Against All Defendants)

19. Plaintiff incorporates the allegations above as though fully set

forth herein.
20. This action for partition is brought for the common benefit of the
parties, to preserve and secure to each of them their respective
interest and rights in the Property. Pursuant to C.C.P. § 874.010(a),
Plaintiff has and will incur the costs of the partition of the Property,
including reasonable attorneys’ fees incurred by the Plaintiff, for the
common benefit of the parties, in an amount according to proof, which
shall be allocated to the parties according to their ownership interests
in the Property. See Code Civ. Proc. § 874.040.
21. [If partition by sale is the preferred remedy, allege: Partition by
sale is the more equitable remedy than division in kind for the
Property. The Property is an improved [single-family residence,
commercial property, etc.] without any surplus land, making a division
in kind unfeasible as the co-owners would receive an interest valued at
a price materially less than the share of proceeds the co-owners would
receive through the sale of the Property as a whole, thereby resulting
in a loss to the co-owners.]
22. [If partition by sale is the preferred remedy, allege: If any
defendants do not assist with the orderly sale of the Property, Plaintiff
will seek equitable relief by way of a court order requiring said
defendants to vacate the Property and remove any personal
belongings, including the appointment of a referee under Code of Civil
Procedure § 873.010 to prepare the Property for marketing, and to
market and sell the Property with approval of this Court. In such
event, Plaintiff will request that the referee’s fees as well as the
attorney’s fees be deducted entirely from the proceeds of the non-
cooperative defendant(s) in an amount according to proof with
statutory interest thereon at a rate of ten percent per
annum. See Code Civ. Proc. § 874.040 and 874.030.]
23. [If partition by sale is the preferred remedy, allege: Plaintiff
requests a court order disbursing the proceeds of sale of the Property
upon consideration of an allowance, accounting, contribution, and
other compensatory adjustments among the parties according to the
 principles of equity under Code of Civil Procedure §§ 140, 873.820(d),
and 873.820.]
WHEREFORE, Plaintiff prays for judgment against all Defendants as follows:

1. For partition of the interests in the Property according to the

respective rights of the parties hereto;
2. That the costs of partition, and of this action, including reasonable
attorneys’ fees expended by Plaintiff for the common benefit, fees and
expenses of referees and/or agents, and other disbursements be
ordered paid by the parties in accordance with their respective
interests in the Property, that the costs and attorneys’ fees be included
and specified in the judgment and become a lien on the respective
interests of any non-cooperative defendant(s) in an amount according
to proof at time of trial, and that the referee’s fees be included and
specified in the judgment and become a lien on the respective
interests of any non-cooperative defendant(s) in an amount according
to proof at time of trial with statutory interest thereon at a rate of ten
percent per annum;
3. That an order of disbursement be made according to an allowance,
accounting, contribution, and other compensatory adjustments among
the parties according to the principles of equity;
4. For equitable relief to change the locks, thereby excluding any non-
cooperative defendants and any other individuals with keys to the
Property, including their personal belongings, in the event of their non-
cooperation with the orderly sale of the Property;
5. For costs of suit incurred herein; and
6. For such other and further relief that the court may deem just and
proper.
DATED: [Date]

By: __[Signature]____

[Attorney for Plaintiff or Plaintiff in Pro Per]