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HomeProbate CodeDiv. 3Pt. 1Ch. 1§ 1004 Property Title Notice Filing

§ 1004 Property Title Notice Filing

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1004 Property Title Notice Filing

This law says that if a court case could change who owns or can use a piece of land, a notice that the case is happening must be filed using the rules in Title 4.5 of the Code of Civil Procedure.

Key Takeaways

  • •If a lawsuit could affect ownership or the right to live on land, a notice must be filed.
  • •The notice is called a "notice of pendency" and tells everyone the case is still going on.
  • •The notice has to be filed using the procedures in Title 4.5 (starting at Section 405) of the Code of Civil Procedure.

Example

John and Mary are fighting over who should own a house after a divorce. The court case could change who gets the house.

Because the case might change who owns the house, the person who might lose the house has to file a notice that the case is pending, following the filing steps in Title 4.5 of the civil rules.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1004 Property Title Notice Filing

If a proceeding under this code affects the title to or the right of possession of real property, notice of the pendency of the proceeding may be filed pursuant to Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2003, Ch. 32, Sec. 1. Effective January 1, 2004.)

Last verified: January 11, 2026

Key Terms

title toright of possessionreal propertynotice of the pendencyTitle 4.5Code of Civil Procedure

Related Statutes

  • § 1000 Probate Proceedings Civil Rules
  • § 1001 Judicial Council Rulemaking Authority
  • § 1002 Court Discretion On Costs
  • § 1003 Guardian Ad Litem Appointment
  • § 1003.5 Public Guardian Appointment Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1004.
View Official Source