Partition Action Complaint - District of Columbia

COMPLAINT FOR PARTITION OF REAL PROPERTY — DISTRICT OF COLUMBIA (SUPERIOR COURT)

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties
4. Jurisdiction and Venue
5. The Subject Property
6. Cotenancy and Fractional Interests
7. Source and Nature of Title
8. Count One — Partition Under the Partition of Real Property Act (§§ 16-2931 et seq.)
9. Count Two — Partition / Sale and Accounting (§ 16-2901)
10. Accounting and Equitable Adjustments
11. Prayer for Relief
12. Verification
13. Signature and Service Blocks
14. Certificate of Service
15. Notice of Lis Pendens (§ 42-1207)
16. District of Columbia Practice Notes
17. Sources and References

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Case No.: [________________________________]

COMPLAINT FOR PARTITION OF REAL PROPERTY

Plaintiff, [PLAINTIFF NAME], by and through undersigned counsel, brings this Complaint for Partition against Defendants and alleges as follows:

2. NATURE OF THE ACTION

2.1. This is an action for the partition of real property held by the parties as tenants in common, brought pursuant to D.C. Code § 16-2901 and the Partition of Real Property Act of 2022, D.C. Code §§ 16-2931 et seq.

2.2. Plaintiff seeks partition of the Property in kind, or, if partition in kind would result in great prejudice to the cotenants as a group, partition by sale, together with the determination-of-value, cotenant-buyout, and open-market-sale protections of the Partition of Real Property Act, and an accounting among the cotenants.

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], Washington, D.C. [ZIP], and is a cotenant holding an undivided [____] interest in the Property.

3.2. Defendant [DEFENDANT 1 NAME] is an individual residing at [ADDRESS], [CITY, STATE, ZIP], and is a cotenant holding an undivided [____] interest in the Property.

3.3. Defendant [DEFENDANT 2 NAME] is a [individual / corporation / limited liability company / trust] with its [residence / principal place of business] at [ADDRESS], and is a cotenant or claims an interest in the Property.

3.4. Defendant [MORTGAGEE / LIENHOLDER NAME] holds, or appears of record to hold, a [deed of trust / mortgage / judgment lien / tax lien] encumbering the Property or an undivided interest therein, recorded as Instrument No. [____________________] among the Land Records of the District of Columbia, and is joined so that its interest may be protected and bound by the judgment.

3.5. Pursuant to D.C. Code § 16-2933(a)(2), Plaintiff names as Defendants "All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described Herein," whose names and interests are unknown to Plaintiff after diligent inquiry.

3.6. Pursuant to D.C. Code § 16-2933(a)(1), all cotenants have been named as Defendants.

4. JURISDICTION AND VENUE

4.1. The Superior Court of the District of Columbia has subject-matter jurisdiction to decree partition of lands, tenements, or hereditaments pursuant to D.C. Code § 16-2901(a) and the Partition of Real Property Act of 2022, D.C. Code §§ 16-2931 et seq.

4.2. Venue is proper in this Court because the Property that is the subject of this action is located in the District of Columbia.

5. THE SUBJECT PROPERTY

5.1. This action concerns the real property known as [STREET ADDRESS], Washington, D.C. [ZIP], identified as Square [____], Lot [____] (the "Property").

5.2. The Property is legally described as:

[INSERT FULL LEGAL DESCRIPTION — including Square and Lot, and reference to the deed Instrument No. among the Land Records of the District of Columbia]

5.3. ☐ The Property is improved by a [single-family rowhouse / condominium unit / multi-unit dwelling / vacant lot / commercial building].

6. COTENANCY AND FRACTIONAL INTERESTS

6.1. Plaintiff and the Defendant owners hold title to the Property as tenants in common, with the following respective interests:

6.2. The interests of the cotenants together constitute the entire fee simple in the Property. There is no agreement in a record binding all cotenants that governs the partition of the Property.

7. SOURCE AND NATURE OF TITLE

7.1. The cotenants acquired their respective interests in the Property by [deed / devise under the will of [DECEDENT] / intestate succession / distribution from the Estate of [DECEDENT], Probate Case No. [____]], as recorded among the Land Records of the District of Columbia.

7.2. ☐ One or more cotenants acquired title from a relative, [RELATIVE/DECEDENT NAME], and the Property is or may be inherited ("heirs") property to which the protections of the Partition of Real Property Act apply.

8. COUNT ONE — PARTITION UNDER THE PARTITION OF REAL PROPERTY ACT (§§ 16-2931 et seq.)

8.1. Plaintiff realleges paragraphs 1 through 7.2 above.

8.2. As a cotenant in a tenancy in common, Plaintiff is entitled to initiate this partition action by filing this Complaint and naming all cotenants as Defendants, pursuant to D.C. Code § 16-2933(a)(1).

8.3. Pursuant to D.C. Code § 16-2932(a), the Property shall be partitioned under Subchapter III because the cotenants have not agreed otherwise in a record.

8.4. Plaintiff requests that the Court apply the procedures of the Partition of Real Property Act as follows:

• ☐ Determination of value (§ 16-2934). That the Court determine the fair market value of the Property by ordering an independent appraisal, or by adopting a valuation agreed to by all cotenants;
• ☐ Cotenant buyout (§ 16-2935). That, if any cotenant has requested partition by sale, the Court afford the other cotenants the right to buy out the interest of the cotenant requesting sale at the value-based price;
• ☐ Partition in kind preferred (§§ 16-2936, 16-2937). That, if no cotenant elects to purchase, the Court order partition in kind unless it determines that partition in kind would result in great prejudice to the cotenants as a group, considering the statutory factors in § 16-2937; and
• ☐ Open-market sale (§ 16-2938). That, if the Court orders partition by sale, the Property be offered for sale on the open market at a price not lower than the court-determined value, for a reasonable period and in a commercially reasonable manner, with a report of sale filed pursuant to § 16-2939.

8.5. Following partition, the parties should comply with the post-partition procedures of D.C. Code § 16-2940, including payment of applicable taxes, fees, and costs and the recording of deeds reflecting the resulting interests.

9. COUNT TWO — PARTITION / SALE AND ACCOUNTING (§ 16-2901)

9.1. Plaintiff realleges paragraphs 1 through 8.5 above.

9.2. Pursuant to D.C. Code § 16-2901(a), the Court may decree a partition of the Property on the complaint of a tenant in common or joint tenant; or, where it appears that the Property cannot be divided without loss or injury to the parties interested, decree a sale and a division of the proceeds among the parties according to their respective rights.

9.3. ☐ The Property cannot be divided without loss or injury to the parties, in that [the Property is a single rowhouse / a single condominium unit / a single indivisible lot / [other reason]], and Plaintiff requests that the Court decree a sale and division of proceeds.

9.4. Pursuant to D.C. Code § 16-2901(c), any cotenant who has received the rents and profits of the Property to that cotenant's own use should be required to account to the cotenants for their respective shares, with amounts found due charged against that party's share of the Property or its sale proceeds.

10. ACCOUNTING AND EQUITABLE ADJUSTMENTS

10.1. Plaintiff realleges paragraphs 1 through 9.4 above.

10.2. Plaintiff has paid more than Plaintiff's proportionate share of the costs of the Property and is entitled to credit and contribution for:

• ☐ Real-property taxes and assessments paid: $[__________];
• ☐ Deed-of-trust / mortgage principal and interest payments: $[__________];
• ☐ Hazard and liability insurance premiums: $[__________];
• ☐ Necessary repairs and maintenance: $[__________];
• ☐ Capital improvements enhancing the value of the Property: $[__________];
• ☐ Other: [________________________________] — $[__________].

10.3. Pursuant to D.C. Code § 16-2901(c), Plaintiff is entitled to a charge against the share of any cotenant who has received the rents, profits, or rental value of the Property to that cotenant's own use, in the amount of $[__________] or as proven.

10.4. Where partition in kind is ordered and the allotted parcels are unequal in value, Plaintiff requests an award of owelty to equalize the division.

10.5. The foregoing adjustments should be charged against or credited to the respective shares of the parties in the allotment of parcels or in the distribution of sale proceeds.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. ☐ Determine the fair market value of the Property pursuant to D.C. Code § 16-2934;

B. ☐ Afford the cotenants the right of buyout pursuant to D.C. Code § 16-2935;

C. ☐ Order partition of the Property in kind pursuant to D.C. Code §§ 16-2936 and 16-2937, with owelty as necessary;

D. ☐ In the alternative, if partition in kind would result in great prejudice to the cotenants as a group, order partition by sale through an open-market sale at not less than the court-determined value pursuant to D.C. Code § 16-2938, with a report of sale under § 16-2939;

E. ☐ In the further alternative, decree partition or a sale and division of proceeds pursuant to D.C. Code § 16-2901;

F. ☐ Take an accounting among the cotenants pursuant to D.C. Code § 16-2901(c) and award Plaintiff credit, contribution, and offset for taxes, deed-of-trust/mortgage payments, insurance, repairs, improvements, and the rents/rental value of any property used to the exclusion of Plaintiff;

G. ☐ Direct that all liens and encumbrances attach to the proceeds of any sale in their respective priorities;

H. ☐ Order the post-partition procedures of D.C. Code § 16-2940, including payment of taxes, fees, and costs and the recording of deeds reflecting the resulting interests;

I. ☐ Award Plaintiff the costs of this action and such fees as are allowed by law; and

J. ☐ Grant such other and further relief as the Court deems just and proper.

12. VERIFICATION

DISTRICT OF COLUMBIA, ss.:

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Partition; and that the facts stated therein are true to the best of my knowledge, information, and belief, except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public, District of Columbia
My Commission Expires: [__/__/____]

13. SIGNATURE AND SERVICE BLOCKS

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], D.C. Bar No. [__________]

[STREET ADDRESS], Washington, D.C. [ZIP]

Telephone: [________________] Email: [________________]

Attorney for Plaintiff

14. INITIAL SERVICE CHECKLIST

☐ Deliver a prepared summons for each defendant to the Clerk when filing.

☐ Serve the issued summons with the Complaint, Initial Order, any addendum, and every other filing-time order under D.C. Superior Court Civil Rule 4.

☐ Identify every cotenant, unknown claimant, nonresident, entity, or other defendant and select the current Rule 4 or court-ordered service procedure applicable to that party.

☐ Do not treat CaseFileXpress, e-filing, ordinary mail, or publication as a substitute for original process unless the current rule, statute, and any required court order authorize that method.

☐ Record the defendant, authorized recipient, method, date, order (if any), and proof or acknowledgment: [DETAILS].

15. NOTICE OF LIS PENDENS (§ 42-1207)

NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

NOTICE IS HEREBY GIVEN, pursuant to D.C. Code § 42-1207, that an action affecting title to and the right of partition of the real property described below has been commenced and is pending in the Superior Court of the District of Columbia, Civil Division, Case No. [________________], entitled [PLAINTIFF NAME] v. [DEFENDANT NAME], et al.

The real property affected is located in the District of Columbia and is described as:

[INSERT FULL LEGAL DESCRIPTION — Square ___, Lot ___]

Commonly known as [STREET ADDRESS], Washington, D.C. [ZIP].

Dated: [__/__/____]

[________________________________]
[ATTORNEY NAME], D.C. Bar No. [__________]
Attorney for Plaintiff

RECORD WITH: The Recorder of Deeds of the District of Columbia.

16. DISTRICT OF COLUMBIA PRACTICE NOTES

• Forum. Partition is brought in the Superior Court of the District of Columbia, Civil Division, under D.C. Code § 16-2901.
• UPHPA — adopted. The District adopted the Uniform Partition of Heirs Property Act as the "Partition of Real Property Act of 2022," D.C. Law 24-239, codified at D.C. Code §§ 16-2931 to 16-2941 (Subchapter III). The bill was introduced as the "Uniform Partition of Heirs Property Act of 2021" (B24-0156). Under § 16-2932(a), real property is partitioned under Subchapter III unless all cotenants agree otherwise in a record, and the Act applies to actions filed on or after its effective date.
• Statutory framework. Subchapter III supplies: determination of value / appraisal (§ 16-2934), cotenant buyout / right of first refusal (§ 16-2935), partition-procedure and the preference for partition in kind (§§ 16-2936, 16-2937), open-market sale at not less than the court-determined value (§ 16-2938), report of sale (§ 16-2939), and post-partition recording and payment procedures (§ 16-2940).
• Notice by posting. If the court orders notice by publication, the plaintiff must, within 10 days, post and maintain a conspicuous sign on the Property (§ 16-2933(c)).
• Accounting. Section 16-2901(c) authorizes an accounting where a cotenant has received the rents and profits to that cotenant's own use; amounts due are charged against that party's share or sale proceeds. Contribution for taxes, deed-of-trust payments, insurance, repairs, and improvements is recoverable in equity.
• Necessary parties. Name all cotenants (§ 16-2933(a)(1)); the plaintiff may also name unknown claimants (§ 16-2933(a)(2)), and the court may order joinder of additional necessary or proper parties (§ 16-2933(a)(3)). Serve nonresidents/unknown heirs by publication under § 13-336.
• Lis pendens. Record a notice of pendency under D.C. Code § 42-1207 with the Recorder of Deeds.

17. SOURCES AND REFERENCES

• D.C. Code § 16-2901 (Partition; parties; accounting) — https://code.dccouncil.gov/
• D.C. Code §§ 16-2931 to 16-2941 (Partition of Real Property Act of 2022; D.C. Law 24-239)
• D.C. Law 24-239 (Partition of Real Property Act of 2022)
• D.C. Bill B24-0156 (Uniform Partition of Heirs Property Act of 2021)
• D.C. Code § 13-336 (Service by publication on nonresidents and unknown heirs)
• D.C. Code § 42-1207 (Lis pendens)
• D.C. Superior Court Civil Rules 4, 8, 10
• Uniform Law Commission — Uniform Partition of Heirs Property Act

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