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Partition of Inherited Property

Uniform Partition of Heirs Property Act Definitions CCP 874.312

Uniform Partition of Heirs Property Act in California (2022)

The Uniform Partition of Heirs Property Act (UPHPA) was a law that was enacted January 1, 2022. It was originally introduced into California’s legislature as Assembly Bill No. 633 and was signed by Governor Gavin Newsom signed in July 2021. The UPHPA provided defendants in a partition action added opportunities to buy out their co-owners. … Read More

Code of Civil Procedure 873.980 – Relation of Agreement to Other Remedies (Partition by Appraisal)

California Code of Civil Procedure 873.980 is the California partition statute that addresses that the agreement between co-owners to proceed with a partition by appraisal is binding on third parties. The statute provides that: The provisions of this chapter are cumulative and if, for default or other cause, interests are not transferred and acquired pursuant to this … Read More

Code of Civil Procedure 873.970 – Agreement as Binding Heirs, Executors, Etc.; Default (Partition by Appraisal)

California Code of Civil Procedure 873.970 is the California partition statute that addresses that the agreement between co-owners to proceed with a partition by appraisal is binding on third parties. The statute provides that: The agreement binds the heirs, executors, administrators, successors, and assigns of the parties. In the event of default, the aggrieved parties may specifically … Read More

Code of Civil Procedure 873.960 – Hearing; Confirmation of Report; Conditions; Judgment (Partition by Appraisal)

California Code of Civil Procedure 873.960 is the California partition statute that addresses the confirmation of the report the partition referee upon transfer of the property in a partition by appraisal. The statute provides that: At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, … Read More

Code of Civil Procedure 874.315 Referees Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.315 CCP – Referees (Partition of Real Property Act)

California Code of Civil Procedure 874.315 is the California partition statute that sets forth the role of the referee in the Partition of Real Property Act. The statute states the following: If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be disinterested … Read More

Code of Civil Procedure 874.312 CCP - Definitions (Partition of Real Property Act)

Code of Civil Procedure 874.312 CCP – Definitions (Partition of Real Property Act)

California Code of Civil Procedure 874.312 is the California partition statute that defines terms used in the Partition of Real Property Act. The terms stated here are used throughout California’s Partition of Real Property Act, which became effective January 1, 2023. For purposes of this chapter, the following definitions apply:(a) “Determination of value” means a … Read More

Can Heirs Property be Sold Uniform Partition of Heirs Property Act

Can Heirs Property be Sold?

Can heirs property be sold in California under the Uniform Partition of Heirs Property Act? Many people mistakenly believe that the Uniform Partition of Heirs Property Act prevents a property from being sold, but this isn’t the case. The Uniform Partition of Heirs Property Act in California gives non-partitioning parties (those who did not file … Read More

Evicting a Sibling from an Inherited House Real Estate Attorney

Evicting a Sibling from an Inherited House in California

Inheriting a Home with Siblings in California It is extremely common for family members to pass down real estate to younger generations. Parents, grandparents, aunts, uncles, and other family members may choose to leave their valuable California real estate assets to family members they know and love. Commonly, siblings inherit a home together from a … Read More

Forcing the Sale of Inherited House in California

Forcing the Sale of an Inherited House in California

Can I Force the Sale of Inherited Property? Understanding exactly what to do after a close family member passes away is one of the most difficult things someone can go through. Before asking whether both owners have to sign to sell a house, a whirlwind of confusion and sadness makes decision making near impossible, especially … Read More

Code of Civil Procedure 872.840 CCP - Property Subject to Express Trust; Division or Sale; Duty of Trustee (Manner of Partition)

Code of Civil Procedure 872.840 CCP – Property Subject to Express Trust; Division or Sale; Duty of Trustee (Manner of Partition)

California Code of Civil Procedure 872.840 is the California partition statute that provides for the partition of property subject to an express trust. The statute provides that: (a) Where the property or an interest therein is subject to an express trust, the court may, in its discretion, order that the property be sold. (b) Upon … Read More

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