What is an Answer to a Partition Action?

//

Answer to a Partition Action Complaint in California

When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by the defendant in response to the plaintiff’s complaint for partition.

In the answer, defendants have an opportunity to address the allegations contained in the plaintiff’s partition action complaint. If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer. Defendants can admit the allegations, deny the allegations, claim they have insufficient knowledge to admit or deny the allegations, or object to allegations by giving a reason for the objection.

Partition Action Answers – Affirmative Defenses to Partition Actions

Objections are usually followed by alleging one or multiple affirmative defenses to a partition action. Plaintiffs may have stated the facts incorrectly in their partition complaint, or there may be an explanation for plaintiffs’ allegations.

Waiver of Right to Partition in Partition Answer

Furthermore, if partition of the property has been waived, this waiver to partition should be addressed in the partition answer to prevent further costly proceedings. As one court explained: “A co-owner of property has an absolute right to partition unless barred by a valid waiver.” Orien v. Lutz (2017) 16 Cal.App. 5th 957, 962 (citing Code Civ. Proc. § 872.710(b) (“partition as to concurrent interests in the property shall be as of right unless barred by a valid waiver”)); see, e.g., Pine v. Tiedt (1965) 232 Cal. App. 2d 734; American Medical International, Inc. v. Feller (1976) 59 Cal.App. 3d 1008, 1014. Waiver is exceedingly rare in co-ownership agreements in California, so if one exists, it is important to address this as soon as possible. There are different perspectives on whether waiver is an affirmative defense to a partition of whether the lack of waiver is an element of the the plaintiff’s partition action.

Drafting an answer to a partition complaint that is as successful as possible requires the insight of an attorney. We highly recommend connecting with an experienced partition lawyer who has extensive knowledge drafting answers in partition actions.

  • What is an Answer to a Partition Action?What is an Answer to a Partition Action?
    Answer to a Partition Action Complaint in California When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by…
  • Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California LawCivil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law
    By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in…
  • The Ultimate Glossary of Partition Action TermsThe Ultimate Glossary of Partition Action Terms
    A partition action is the only court-ordered process to separate joint owners’ respective interests in California real estate. This process can be long, tedious, and difficult, but the attorneys at Talkov Law are here to help. They have provided this…
  • Co-Owner’s Rights to Lease and Evict TenantsCo-Owner’s Rights to Lease and Evict Tenants
    A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows a third party to lease the co-owned property without the consent or over the objection of the other co-owners. As…
  • What is an Ouster?What is an Ouster?
    Co-ownership of property can raise many questions about the rights of each owner to the common property. Conversely, that co-ownership relationship can sour, causing one co-owner to seek the benefits of sole ownership- the right to exclude others- without the…
  • How to Win a Partition ActionHow to Win a Partition Action
    The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real…
  • Absolute Right to Partition in CaliforniaAbsolute Right to Partition in California
    One of the most common questions raised by co-owners of real property in California is how to force the sale of the property when the co-owners do not agree. California Code of Civil Procedure Section 872.210 allows a co-owner to…
  • If I Leave the Property, Do I Forfeit Co-Ownership Rights?If I Leave the Property, Do I Forfeit Co-Ownership Rights?
    As partition attorneys, property co-owners frequently ask if ownership rights can be forfeited by a co-owner moving out of (“abandoning”) the property. More specifically, co-owners want to know if they would give up their ownership rights to a co-owned property…
About Talkov Law

The attorneys at Talkov Law practice real estate law, family law, business law, bankruptcy law, and trust & probate law. Our experienced lawyers specialize in assisting all parties involved in these civil disputes by providing the best legal representation.

Contact us to schedule your complimentary consultation.

Super Lawyers
US News and World Report Scott Talkov
Scott Talkov Three Best Rated 2021

Recent Blog Posts