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

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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 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.

California Code of Civil Procedure Section 874.312

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%.

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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