Complaint for Partition of Real Property

You are tasked with drafting a comprehensive Complaint for Partition of Real Property, a litigation document used when co-owners of real property cannot agree on its disposition and seek court intervention to divide or sell the property. This complaint must be meticulously crafted to comply with jurisdictional requirements while clearly establishing the factual and legal basis for partition.

Caption and Court Information

Begin by establishing the proper court heading and case caption. Include the full legal name of the court with appropriate jurisdiction over the property (typically the superior or circuit court in the county where the property is located). If a case number has been assigned, include it prominently. List all plaintiffs and defendants with their full legal names, using proper designations such as "et al." when multiple parties are involved. The caption should follow the specific formatting requirements of your jurisdiction, which may include particular spacing, font requirements, or organizational structure. Ensure that the title of the document clearly identifies it as a "Complaint for Partition of Real Property" or similar language required by local rules.

Introduction and Jurisdictional Statement

Draft an introductory paragraph that immediately identifies this action as a complaint for partition under the applicable state statute. Establish the court's subject matter jurisdiction by citing the specific statutory authority that grants the court power to order partition of real property. Address personal jurisdiction by demonstrating that defendants have sufficient contacts with the forum state, typically through property ownership within the jurisdiction. Establish proper venue by showing that the real property at issue is located within the county where the action is filed. This section should be concise yet comprehensive, providing the court with immediate clarity about the nature of the action and why it properly belongs before this particular court.

Parties and Their Relationships

Provide detailed allegations about each plaintiff and defendant, including their full legal names, current addresses, and residency status. Describe the relationship between the parties, whether they are family members, business partners, former spouses, or other co-owners. Explain how the co-ownership relationship arose, such as through inheritance, joint purchase, gift, or other means of acquisition. If any party is deceased, identify their estate representative or heirs. For corporate or entity owners, include their state of incorporation or organization and principal place of business. This section establishes standing and demonstrates that all necessary parties with ownership interests have been joined in the action.

Property Description and Legal Identification

Include a complete and accurate legal description of the real property subject to partition. This must go beyond a street address to include the official legal description as it appears in the deed or other recorded instruments, typically including lot numbers, block numbers, subdivision names, metes and bounds descriptions, or other identifying information required for real property conveyances in your jurisdiction. Provide the street address for practical identification, the assessor's parcel number (APN) for tax purposes, and the county where the property is situated. If available, reference the recording information for the most recent deed (book and page number or instrument number). Describe the general character of the property, such as whether it is improved or unimproved, residential or commercial, and its approximate size or acreage.

Ownership Interests, Acquisition, and Encumbrances

Set forth detailed allegations regarding each party's ownership interest in the property, specifying the percentage or fractional share held by each co-owner. Explain how each party acquired their interest, whether through purchase, inheritance, gift, or other means, and provide approximate dates of acquisition. Allege that the parties hold the property as tenants in common (or joint tenants, if applicable) with undivided interests. Identify any mortgages, liens, easements, or other encumbrances affecting the property, including the names of lienholders and approximate amounts owed. Address whether any party has made improvements to the property or paid more than their proportionate share of expenses, as this may affect the equitable distribution of proceeds. This factual foundation is critical to establishing each party's rights and the court's authority to order an equitable partition.

Grounds for Partition and Impracticability of Division in Kind

Articulate the specific reasons why partition is necessary and appropriate. Allege that the co-owners cannot agree on the disposition of the property, whether through sale, buyout, or continued joint ownership. Explain any attempts made to resolve the dispute outside of court, demonstrating that litigation is necessary. Critically, address whether the property can be physically divided in kind (actual partition) or whether it must be sold and the proceeds divided (partition by sale). In most cases, you will allege that the property cannot be equitably divided in kind without material injury to the parties' interests, citing factors such as:

• The physical characteristics of the property make division impractical or impossible
• Division would substantially diminish the value of the individual parcels compared to the whole
• The property is improved with a single structure that cannot be reasonably divided
• Zoning or land use regulations would prevent subdivision
• The parties' fractional interests are such that equitable physical division is not feasible

Support these allegations with specific facts about the property's size, configuration, improvements, and current use.

Statutory Authority and Legal Basis

Cite the specific state statute authorizing partition actions, typically found in the state's civil procedure code or property code. Reference any relevant case law or procedural rules that govern partition proceedings in your jurisdiction. Allege that the plaintiff has complied with any statutory prerequisites, such as providing notice to co-owners or attempting alternative dispute resolution if required. Demonstrate that the action is timely filed and not barred by any statute of limitations or laches. This section establishes the legal framework supporting the court's authority to grant the requested relief.

Prayer for Relief

Conclude with a comprehensive prayer for relief that requests all appropriate remedies. Request that the court order partition of the property, specifying whether you seek partition in kind or partition by sale based on the allegations in the complaint. Ask for the appointment of a referee, commissioner, or special master if required by statute or local practice to oversee the partition process, conduct the sale, or make recommendations to the court. Request that the court:

• Determine the ownership interests and rights of all parties
• Order an accounting of rents, profits, and expenses related to the property
• Award costs of suit, including filing fees, service costs, and referee fees
• Grant such other and further relief as the court deems just and proper

If seeking partition by sale, request that the court order the property sold under court supervision, with proceeds distributed according to the parties' ownership interests after payment of liens, encumbrances, and costs of sale.

Verification, Signature, and Certification

Include a verification statement signed under penalty of perjury by the plaintiff or a party with personal knowledge of the facts alleged, affirming that the allegations in the complaint are true and correct to the best of their knowledge. Provide a signature block for the attorney of record, including their name, bar number, firm name, address, telephone number, email address, and designation as "Attorney for Plaintiff." If the plaintiff is proceeding pro se, include an appropriate signature block with contact information. Add any certification required by local rules regarding service, conferencing with opposing parties, or compliance with court procedures. Ensure that the document complies with all formatting requirements, including page limits, font specifications, line spacing, and margin requirements specified by local court rules.

Throughout the complaint, maintain a professional and objective tone, using clear and precise language. Organize allegations logically with numbered paragraphs for easy reference. Avoid argumentative language or legal conclusions unsupported by factual allegations. Ensure that all factual allegations are specific enough to provide notice to defendants while preserving flexibility for proof at trial. The complaint should be comprehensive enough to withstand a motion to dismiss while remaining focused on the essential elements of a partition action.