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California Forms of Pleading and Practice--Annotated
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

35-397 California Forms of Pleading and Practice--Annotated 397.syn




Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter discusses and contains forms relating to the partition of property. It examines the applicability of partition and general civil statutes, jurisdiction, and venue. It also considers defenses such as the statute of limitations and laches. The chapter's discussion of general procedure matters covers joinder of property, consolidation of actions, granting separate trials, and preliminary stages such as complaint, summons, lis pendens, and answers. It also discusses referees and their appointment, authority, and duties. The chapter further addresses such topics as division of the property, entry of final judgment, costs, and the effect of the court's conveyance or transfer.

This chapter's section covering partition by sale of the property discusses ineligible and bona fide purchasers, as well as certain kinds of property, such as separate sales of distinct lots and the sale of real and personal property as a unit. This section also examines securities, perishable personal property, credit sales, sales procedures, referees, a purchaser's status as a party or lienholder, and failure to pay. Finally, the chapter discusses orders concerning the closing of the sale, adjustments, and disposition of proceeds.

The chapter also discusses partition by appraisal, focusing on the purpose, agreements, and procedures associated with such a sale. It then covers a referee's appraisals and reports; motions to confirm, modify, or set aside a referee's reports; the availability of other remedies; and default.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Partition,Laches,Right to Partition,Cotenants,Unpaid Judgments,Joinder of Parties,Joinder of Property,Division of Property,Partition by Sale,Partition by Partial Sale,Partition by Appraisal,Removal of Property,Title Reports,Lis Pendens,Interlocutory Judgments,Referees,Partition Sales,Bona Fide Purchasers,Purchaser,Lienholder,Credit Sales,Vacating Sale,Real Property


For a discussion and forms for use in boundary disputes, see Chapter 101, Boundaries.

For a discussion and forms for use in disputes involving deeds and restrictive covenants, see Chapter 184, Deeds.

For a discussion and forms for use in disputes involving easements, see Chapter 240, Easements.

For a discussion and forms for use in the sale of property of estates of deceased persons, see Chapter 444, Probate: Sale of Estate Property.

For a discussion and forms for use in disputes involving the quieting of title, see Chapter 482, Quieting Title.

For forms for use in the sale of property under execution, see Chapter 254, Executions and Enforcement of Judgments.


For memoranda of points and authorities relating to partition actions, see California Points & Authorities (Matthew Bender), Chapter 169, Partition.

For forms of interrogatories in actions for partition of real and personal property, see Bender's Forms of Discovery Interrogatories (Matthew Bender), Chapter 158, Real Property.

For detailed discussion of partition of property, including partition by appraisal, see California Real Estate Law and Practice (Matthew Bender), Chapter 371, Partition and Other Terminations of Cotenancies.
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