The answer shall set forth:
§ 872.410.Requirements
Title 10.5. Partition of Real and Personal Property · Chapter 2. Commencement of Action · Article 3. Answer · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.410 requires a partition answer to state any interest the defendant has or claims, any facts the defendant disputes among the complaint's material allegations, and, if the defendant wants the property sold, the facts justifying that relief.
Full Text of § 872.410
(a) Any interest the defendant has or claims in the property.
(b) Any facts tending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true.
(c) Where the defendant seeks sale of the property, an allegation of the facts justifying such relief in ordinary and concise language.
Plain-English Summary
The answer in a partition action mirrors what § 872.230 requires of the complaint, from the defendant's side of the case. It has to set out any interest the defendant has or claims in the property -- the defendant's own stake in what gets divided or sold. It also has to state any facts controverting the complaint's material allegations that the defendant doesn't want taken as true, so the pleadings frame exactly what's disputed.
Subdivision (c) mirrors § 872.230(e): if the defendant wants the property sold rather than divided in kind, the answer has to allege the facts justifying that relief, in ordinary and concise language. That parallel structure means either side -- plaintiff or defendant -- can put the sale-versus-division question in front of the court, which the court ultimately resolves at trial under § 872.820.
Frequently Asked Questions
What does a defendant's answer in a partition action have to include?
Any interest the defendant has or claims in the property, facts controverting the complaint's material allegations, and, if the defendant seeks sale, facts justifying that relief.
Can a defendant, not just the plaintiff, ask the court to order the property sold?
Yes. Section 872.410(c) lets the defendant allege facts in the answer justifying sale of the property.
Does the defendant have to dispute every allegation in the complaint?
No, only the material allegations the defendant doesn't want taken as true need to be controverted.
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: answer requirements partition action californiadefendant response partition complaint