Code of Civil Procedure 874.313 CCP – Applicability; relation to other laws (Partition of Real Property Act)

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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.
(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.

California Code of Civil Procedure Section 874.313

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.

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.

About Scott Talkov

Scott Talkov is a partition lawyer and civil litigation attorney in California. He founded Talkov Law Corp. after more than one decade of experience with one of the region's oldest law firms, where he served as one of the firm's partners. He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterpise, and in Los Angeles Lawyer Magazine. Scott has been named a Super Lawyers Rising Star for 9 consecutive years. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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