California Code of Civil Procedure 874.313 is the California partition statute that sets forth the applicability of the Partition of Real Property Act.
(a) In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.
California Code of Civil Procedure Section 874.313
(b) This chapter supplements the other provisions of this title and, if an action is governed by this chapter, this chapter shall control over any provisions of this title that are inconsistent with this chapter.
Supremacy Clause of CCP 874.313(b)
The provision in California Code of Civil Procedure Section 874.313(b) is known as a supremacy clause or controlling clause. In legal terms, this type of provision establishes that if there is any inconsistency between the provisions of a particular chapter and other provisions within the same title, the specific chapter’s provisions will take precedence and control.
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 Repealed by Stats.2022, c. 82 (A.B.2245), § 12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
Applicability of Ordinary Partition Statutes in Partition of Real Property Act Cases
One of the most powerful tools will be the interpretation of the following phrase in this Section: “This chapter supplements the other provisions of this title and, if an action is governed by this chapter, this chapter shall control over any provisions of this title that are inconsistent with this chapter.” [1]California Code of Civil Procedure 874.313(c) This means that the rest of the California partition statutes apply in partition of real property cases so long as they are not “inconsistent” with the rules in the Partition of Real Property Act. No guidance currently exists on what is or not consistent with these new rules.
Is the Partition of Real Property Act retroactive to cases filed before January 1, 2023?
There is no question that the Partition of Real Property Act governs cases filed on or after January 1, 2023. However, an issue might be raised whether the act applies to cases filed before that day that are still pending. Indeed, the Uniform Partition of Heirs Property Act set forth that “This act applies to partition actions filed on or after January 1, 2022.” California Code of Civil Procedure 874.313(a). No such time limitation is found in California Code of Civil Procedure 874.313 effective January 1, 2023. The answer appears to be that the effectiveness is set forth in a different statute effective January 1, 2023, which sets forth that: “This act applies to actions for partition of real property filed on or after January 1, 2023.” California Code of Civil Procedure § 874.311(c). In other words, it does not appear to be retroactive to cases filed before January 1, 2023.
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.
References
| ↑1 | California Code of Civil Procedure 874.313(c) |
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