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.
California Code of Civil Procedure 874.311
(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.
Partition of Real Property Act
- California Partition of Real Property Act Statutes
- CCP § 874.311. Short Title; Application of Act
- CCP § 874.312. Definitions
- CCP § 874.313. Applicability; Relation to Other Laws
- CCP § 874.314. Method of Service; Notice by Publication
- CCP § 874.315. Referees
- CCP § 874.316. Determination of Fair Market Value; Notice
- CCP § 874.317. Cotenant Buyout of Interests
- CCP § 874.318. Partition Alternatives
- CCP § 874.319. Considerations for Partition in Kind
- CCP § 874.320. Court Ordered Open-Market Sale; Sealed Bids; Auction
- CCP § 874.321. Filing Report for Open-Market Sales
- CCP § 874.321.5. Apportionment of the Costs of Partition
- CCP § 874.322. Repealed by Stats.2022, c. 82 (A.B.2245), § 12
- CCP § 874.323. Supersedes the Electronic Signatures in Global and National Commerce Act
CCP 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.
Talkov Law's Partition Attorneys Can Help
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 370 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!
If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.
