CHAPTER 2. Commencement of Action [872.210. - 872.550.]
Chapter 2 added by Stats. 1976, Ch. 73.
§§ 872.210–872.550 · 16 sections
ARTICLE 1. Complaint and Lis Pendens §§ 872.210–872.250 · 5 sections
- § 872.210 (a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of an estate of…
- § 872.220 If it is necessary to have a title report: (a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate…
- § 872.230 The complaint shall set forth: (a) A description of the property that is the subject of the action. In the case of tangible personal property, the description…
- § 872.240 Real and personal property may be partitioned in one action.
- § 872.250 (a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each…
ARTICLE 2. Summons §§ 872.310–872.330 · 3 sections
- § 872.310 (a) The form, content, and manner of service of summons shall be as in civil actions generally. (b) Service on persons named as parties pursuant to Sections…
- § 872.320 Where the court orders service by publication, such order shall be subject to the following conditions: (a) The plaintiff shall post, not later than 10 days…
- § 872.330 (a) Where the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. (2) Describe only the property in…
ARTICLE 3. Answer §§ 872.410–872.430 · 3 sections
- § 872.410 The answer shall set forth: (a) Any interest the defendant has or claims in the property. (b) Any facts tending to controvert such material allegations of the…
- § 872.420 Where the defendant has or claims a lien on the property, the answer shall set forth the date and character of the lien and the amount remaining due thereon.
- § 872.430 The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.
ARTICLE 4. Parties §§ 872.510–872.550 · 5 sections
- § 872.510 The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably…
- § 872.520 (a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties…
- § 872.530 (a) If a person described in Section 872.510 is dead and the plaintiff knows of a personal representative, the plaintiff shall join such personal…
- § 872.540 Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff need not…
- § 872.550 Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the…