If it is necessary to have a title report:
§ 872.220.Title Report
Title 10.5. Partition of Real and Personal Property · Chapter 2. Commencement of Action · Article 1. Complaint and Lis Pendens · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.220 lets a plaintiff procure a title report before filing and note it in the complaint, or apply to the court for authorization to procure one, with either version kept in a designated place for the parties to inspect, use, and copy.
Full Text of § 872.220
(a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate this has been done and designate a place where it will be kept for inspection, use, and copying by the parties.
(b) The court may, upon application of a party, authorize the party to procure a title report and shall designate a place where it shall be kept for inspection, use, and copying by the parties.
Plain-English Summary
A partition complaint under § 872.230 has to describe the property and lay out everyone's interests in it, which usually requires knowing the state of title first. This section supplies two paths to a title report when one is needed. Under subdivision (a), the plaintiff can get the report before filing suit, and the complaint then has to say that this was done and identify where the report will be kept for the parties to inspect, use, and copy.
Under subdivision (b), a party -- plaintiff or defendant -- can instead ask the court for authorization to procure the report, and the court's order designates the storage location the same way. Either route serves the same purpose: giving all parties access to a common title picture rather than leaving each side to run its own, potentially conflicting, title search.
Frequently Asked Questions
Do I need a title report to file a California partition action?
Only if one is necessary for the case. Section 872.220 applies "if it is necessary to have a title report," and provides two ways to obtain one.
Can I get the title report before filing the complaint?
Yes. Subdivision (a) lets the plaintiff procure it beforehand, so long as the complaint states that this was done and where the report is kept.
What if a party wants a title report but the plaintiff hasn't obtained one?
Any party can apply to the court under subdivision (b) for authorization to procure the report themselves.
Who gets access to the title report once it's obtained?
All the parties -- it must be kept in a designated place for their inspection, use, and copying.
Amendment History
Added by Stats. 1976, Ch. 73.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: title report requirement california partition action