Code of Civil Procedure 874.311 CCP – Short title; application of act (Partition of Real Property Act)

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California Code of Civil Procedure 874.311 is the California partition statute that lays the foundation for the Partition of Real Property Act. The statute states the following:

(a) This act shall be known, and may be cited, as the Partition of Real Property Act.
(b) This act applies to real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property.
(c) This act applies to actions for partition of real property filed on or after January 1, 2023.

California Code of Civil Procedure 874.311

First, this statute declares the name of the Act as the Partition of Real Property Act.

Second, it applies to property that is held in tenancy in common, not in joint tenancy. This statute also requires that there not be an agreement regarding the partition of the property.

Third, if the above factors are met, the Partition of Real Property Act may apply so long as the partition is filed on or after January 1, 2023. This statute also replaces the Uniform Partition of Heirs Property Act, which only applied to certain partitioned actions filed from January 1 to December 31, 2022 under former Code of Civil Procedure § 874.313. The Partition of Real Property Act has now taken its place.

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

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