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§ 872.510.Defendants Joined In Action

Title 10.5. Partition of Real and Personal Property · Chapter 2. Commencement of Action · Article 4. Parties · Enacted 1976 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 872.510 requires the plaintiff to join as defendants everyone who has or claims an interest in the property at issue, whether that interest is of record, personally known to the plaintiff, or reasonably apparent from inspecting the property.

Full Text of § 872.510

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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 apparent from an inspection of the property, in the estate as to which partition is sought.

Plain-English Summary

Partition works best when a single judgment settles everyone's rights in the property at once, which is why this section casts the joinder net wide. The plaintiff has to name as defendants all persons who have or claim an interest in the estate being partitioned -- covering three overlapping categories: interests of record (found in the public records), interests personally known to the plaintiff even if not recorded, and interests reasonably apparent just from looking at the property, such as a visible occupant or an obvious easement.

The sections that follow handle the harder cases this broad duty creates. If the plaintiff doesn't know someone's name, § 872.520 supplies a way to join them anyway. If a person with an interest has died, § 872.530 supplies a way to join their successors. And § 872.550 lets the plaintiff sweep in everyone else with an unnamed, unknown interest when partition is sought as to the whole property.

Frequently Asked Questions

Who does the plaintiff have to name as a defendant in a partition action?

Everyone with an interest of record, personally known to the plaintiff, or reasonably apparent from inspecting the property.

What if I don't know the name of someone who appears to have an interest in the property?

Section 872.520 lets the plaintiff state that fact in the complaint and join that person under § 872.550's procedure for unknown parties.

Do I have to research public records to find every interest holder?

The duty covers interests of record, so a title search is typically part of identifying who must be joined, in addition to what the plaintiff already knows or can observe on the property.

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
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