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:
California Code of Civil Procedure Section 874.312
(a) “Determination of value” means a court order determining the fair market value of the property under Section 874.316 or 874.320 or adopting the valuation of the property agreed to by all cotenants.
(b) “Partition by sale” means a court-ordered sale of the entire property, whether by auction, sealed bids, or open-market sale conducted under Section 874.320.
(c) “Partition in kind” means the division of property into physically distinct and separately titled parcels.
(d) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
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 Repealed by Stats.2022, c. 82 (A.B.2245), § 12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
Determination of Value
The major change under the California Partition of Real Property Act is the inclusion of the concept of a “determination of value,” which involves a court order “determining the fair market value of the property under Section 874.316 or 874.320 or adopting the valuation of the property agreed to by all cotenants.” This concept comes up in various parts of the new law to give defendants the opportunity to buy out the interest of the plaintiff in the property.
Definitions of “partition by sale” and “partition in kind”
As the statute makes clear, “partition by sale” means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under Section 874.320. By contrast, “partition in kind.” means the division of heirs property into physically distinct and separately titled parcels. Along with a partition by appraisal, these are the three manners of partition.
Definition of “heirs property” under the now-former Uniform Partition of Heirs Property Act
From January 1 to December 31, 2022, California enacted California’s Uniform Partition of Heirs Property Act, which made the rules applicable only to “heirs property,” which commonly meant that title must have been required from a relative, and there must be a minimum familial ownership of 20%.
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 eleven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 500 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 (877) PARTITION (727-8484) or sending us a message today.
