California Code of Civil Procedure 874.316 is the California partition statute that sets forth the manner in which the fair market value of the property is determined under the Partition of Real Property Act. The statute states the following: (a) Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair … Read More
California Code of Civil Procedure 874.320 the California partition statute that explains the details of how a court will sell a property under the California Partition of Real Property Act. The statute states the following: (a) If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a … Read More
What is the Partition of Real Property Act (Formerly Known as the Uniform Partition of Heirs Property Act (UPHPA)) in California? The Partition of Real Property Act is a new bill that went into effect on January 1, 2023 which replaces the Uniform Partition of Heirs Property Act. California is the first state to enact … Read More
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 … Read More
California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of property can buy out the interests of the other co-owners, which forms the essence of the Partition of Real Property Act. Code of Civil Procedure 874.317 states the following: (a) If any cotenant requested … Read More
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