Most California divorces involve two parties: the spouses. Sometimes, however, another person, business, or retirement plan claims an interest in property or another matter the family court needs to resolve. California family law provides a procedure known as joinder that can bring an appropriate third party into the marital action so the court can determine the affected parties’ rights within the same proceeding.

Joinder Makes an Appropriate Third Party Part of the Case

Joinder allows a person or entity other than the spouses to become a party to the marital action when that person or entity has or claims an interest in the proceeding.

One purpose is to allow the family court to resolve related rights in a single case rather than forcing the interested parties to pursue multiple separate lawsuits.

Property disputes provide an important example.

A third party may claim an ownership interest in property that one or both spouses contend should be addressed in the California divorce. In qualifying circumstances, that person can potentially be joined so the competing interests can be determined.

A closely held corporation can also become relevant when the corporation possesses or controls property affected by orders in the marital proceeding.

Joinder should therefore not be confused with obtaining information from a witness. A person does not become a party merely because that person receives a subpoena or gives deposition testimony. Joinder actually brings the qualifying person or entity into the case as a party.

Joinder Can Be Important When Marital Property Involves Outside Interests

California permits joinder of a third party who claims or controls an interest that is subject to disposition in the marital action.

Joinder of someone claiming an interest in marital property is permissive rather than automatically required in every such dispute. The family court considers the applicable factors when determining whether joinder should be allowed.

Retirement plans are another important area in which joinder may arise.

Certain employee benefit plans or public retirement systems may need to be joined so that the court’s eventual order concerning retirement benefits will properly bind the plan and the nonemployee spouse’s interest can be protected.

The required procedure can depend on the particular plan.

This is one reason retirement division should not be approached as though every plan operates identically. Determining the community interest and obtaining an order between the spouses may not complete the process if the plan itself must also be made subject to the family court proceeding.

Joinder Can Also Arise in Certain Child Custody Matters

Third-party joinder is not limited to property.

California family law also recognizes circumstances involving a person who has or claims custody, physical control, or visitation rights concerning a minor child of the marriage.

When the court discovers that a third party has or claims those rights, joinder can become mandatory under the applicable procedures.

California also recognizes circumstances in which a third party who has taken on the essential role of a parent may potentially have a basis for joinder in a custody-related action.

These situations are distinct from ordinary disputes between two legal parents and can involve additional requirements governing whether a nonparent may obtain custody or visitation.

The fact that a person has a close relationship with a child does not by itself mean that person automatically becomes a party to the parents’ California family law case. The legal basis for the claimed rights and the applicable joinder requirements still matter.

Joinder Allows the Family Court to Address Rights That Extend Beyond the Two Spouses

A California divorce sometimes involves legal interests belonging to people or entities other than the spouses. Joinder provides a procedure for bringing an appropriate third party into the marital action when that party has or claims an interest that may need to be resolved. It can arise in property disputes, retirement-benefit matters, and certain custody proceedings, allowing the family court to address related rights within the same case when California’s joinder requirements are satisfied.