| name | partition-complaint |
| title | Partition Complaint |
| description | Drafts a U.S. civil complaint for partition of real property by co-owners, pleading jurisdiction, ownership interests, property description, encumbrances, and grounds for partition in kind or by sale. Trigger when the user needs a partition action, co-owner dispute complaint, tenant-in-common or joint-tenancy division, or court-ordered sale of real property. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/partition-complaint |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | real-estate |
| language | en |
| tags | ["drafting","litigation","pleading"] |
Partition Complaint
Draft a complaint establishing jurisdiction, ownership, property description, and grounds for partition in kind or by sale.
Quick Start
Collect before drafting:
| Item | Details |
|---|
| Court / county | Venue where property is located |
| Parties | Full legal names, capacity, addresses, entity info |
| Co-ownership basis | Purchase, inheritance, gift, divorce |
| Tenancy type | Tenants in common or joint tenants |
| Property | Street address, APN, county, legal description (metes/bounds or lot/block) |
| Ownership interests | Percentages or fractional shares; acquisition method and dates |
| Encumbrances | Mortgages, liens, easements, amounts |
| Partition type | In kind or by sale with supporting facts |
| Prior efforts | Negotiations, demands, ADR if required |
Pleading Structure
Number all allegations sequentially.
- Caption — Court, parties, title "Complaint for Partition of Real Property."
- Nature of Action — Identify partition statute; state action type.
- Jurisdiction and Venue — Subject-matter jurisdiction; personal jurisdiction via ownership in forum; venue in property county.
- Parties — Identity and relationship to property. Entities: formation state and principal place. Estates: personal representative or heirs.
- Property Description — Street address, APN, full legal description. Attach as Exhibit A when required.
- Ownership Interests — Tenancy type, specific shares, acquisition method and dates.
- Encumbrances and Contributions — Recorded liens and material encumbrances. Disproportionate payments or improvements if seeking accounting.
- Grounds for Partition — Inability to agree on disposition; necessity of partition.
- Partition Type — Plead in-kind feasibility or sale necessity (see checklist below).
- Statutory Compliance — Cite statute; plead satisfaction of preconditions (notice, ADR).
- Prayer for Relief — See relief menu below.
- Verification and Signature — Verification if required; attorney or pro se signature block.
