Partition by Appraisal Archives

Tricks to Remove Co-Owner from House Title

The law allows any co-owner to remove another co-owner on the property title with or without their agreement through a quiet title action, or partition action, and by a deed with agreement. By Agreement – A Deed from the Co-Owner While it may seem obvious, a co-owner can be removed from the title to the … Read More

Uniform Partition of Heirs Property Act Definitions CCP 874.312

Uniform Partition of Heirs Property Act in California (2022)

The Uniform Partition of Heirs Property Act (UPHPA) was a law that was enacted January 1, 2022. It was originally introduced into California’s legislature as Assembly Bill No. 633 and was signed by Governor Gavin Newsom signed in July 2021. The UPHPA provided defendants in a partition action added opportunities to buy out their co-owners. … Read More

Code of Civil Procedure 873.980 – Relation of Agreement to Other Remedies (Partition by Appraisal)

California Code of Civil Procedure 873.980 is the California partition statute that addresses that the agreement between co-owners to proceed with a partition by appraisal is binding on third parties. The statute provides that: The provisions of this chapter are cumulative and if, for default or other cause, interests are not transferred and acquired pursuant to this … Read More

Code of Civil Procedure 873.970 – Agreement as Binding Heirs, Executors, Etc.; Default (Partition by Appraisal)

California Code of Civil Procedure 873.970 is the California partition statute that addresses that the agreement between co-owners to proceed with a partition by appraisal is binding on third parties. The statute provides that: The agreement binds the heirs, executors, administrators, successors, and assigns of the parties. In the event of default, the aggrieved parties may specifically … Read More

Code of Civil Procedure 873.960 – Hearing; Confirmation of Report; Conditions; Judgment (Partition by Appraisal)

California Code of Civil Procedure 873.960 is the California partition statute that addresses the confirmation of the report the partition referee upon transfer of the property in a partition by appraisal. The statute provides that: At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, … Read More

Code of Civil Procedure 873.930 CCP – Agreement; Application for Approval (Partition Actions)

California Code of Civil Procedure 873.930 is the California partition statute that allows parties to submit an agreement to the court and gives the court authority to approve that agreement in a partition by appraisal: (a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement. (b) If the court determines … Read More

Code of Civil Procedure 873.950 Motion to Confirm, Modify, or Set Aside Report

Code of Civil Procedure 873.940 CCP – Referees; Appointment; Report (Partition Actions)

California Code of Civil Procedure 873.940 is the California partition statute that allows the court to appoint referees in a partition by appraisal: The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall report the valuations and other findings to the court … Read More

Code of Civil Procedure 873.950 CCP – Motion to Confirm, Modify or Set Aside Report (Partition Actions)

California Code of Civil Procedure 873.950 is the California partition statute that allows parties or the partition referee to confirm, modify, or set aside the report in a partition by appraisal: Any party to the agreement or the referee, upon 10 days’ notice to the referee if the referee is not the moving party and to the … Read More

Code of Civil Procedure 873.920 CCP – Agreement; Contents (Partition by Appraisal)

California Code of Civil Procedure 873.920 is the California partition statute that specifies what is required for the manner of partition known as a partition by appraisal. The statute provides that: The agreement shall be in writing filed with the clerk of court and shall include: (a) A description of the property. (b) The names … Read More

Code of Civil Procedure 874.321.5 CCP - Apportionment of the costs of partition - Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.321.5 CCP – Apportionment of the Costs of Partition (Partition of Real Property Act)

California Code of Civil Procedure 874.321.5 is the California partition statute that describes how the court will distribute the costs of partition among parties that oppose the partition under the California Partition of Real Property Act. The statute states the following: In an action for partition of property, the court may apportion the costs of partition, including an appraisal … Read More