Partition by Appraisal

Partition of Real Property Act – California – The Ultimate Guide

What is the Partition of Real Property Act 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. The law gives parties to a partition an opportunity to buy the property at an appraised value as … Read More

Can Heirs Property be Sold Uniform Partition of Heirs Property Act

Can Heirs Property be Sold?

Can heirs property be sold in California under the Uniform Partition of Heirs Property Act? Many people mistakenly believe that the Uniform Partition of Heirs Property Act prevents a property from being sold, but this isn’t the case. The Uniform Partition of Heirs Property Act in California gives non-partitioning parties (those who did not file … Read More

Code of Civil Procedure 874.317 Cotenant buyout of interests Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.317 CCP – Cotenant buyout of interests (Partition of Real Property Act)

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 once the fair market value of the property has been determined. In conjunction with the appraised valuation process under Code of Civil Procedure 874.316, … Read More

Partition by Appraisal Partition Attorney Real Estate Lawyer

Partition by Appraisal in California

How Does Partition by Appraisal Work in California law? A partition action in California is a court-ordered process to bring an end to co-ownership disputes by dividing real estate equitably among co-owners. California law allows for three manners of partition: partition by sale, partition in kind, and partition by appraisal. While partition by sale is … Read More

Manner of Partition Actions (By Sale, In Kind, & By Appraisal)

Manner of Partition Actions (By Sale, In Kind, & By Appraisal)

California law provides for 3 distinct types of partition actions: 1) Partition by Sale, 2) Partition in Kind, and 3) Partition by Appraisal.[1]California Code of Civil Procedure 872.810 – 872.840 By far the most common form is a partition by sale, followed by a partition by division (in kind) and a partition by appraisal. As … Read More

Code of Civil Procedure 874.010 CCP - Inclusions, Allowance and Apportionment of Costs of Partition

Code of Civil Procedure 874.010 CCP – Inclusions, Allowance and Apportionment of Costs of Partition (Costs of Partition)

California Code of Civil Procedure 874.010 is the California partition statute that allows the court to order certain costs of the partition to be allowed and apportioned between the parties. The statute provides that: The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The … Read More

Code-of-Civil-Procedure-873.910-CCP-Agreement-by-Parties-Partition-by-Appraisal

Code of Civil Procedure 873.910 CCP – Agreement by Parties (Partition by Appraisal)

California Code of Civil Procedure 873.910 is the California partition statute that allows the court to order a manner of partition known as a partition by appraisal, but only when “the parties…agree” to such a remedy. The statute provides that: When the interests of all parties are undisputed or have been adjudicated, the parties may … Read More

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      Los Angeles Partition Attorneys
      10880 Wilshire Blvd Ste 1101
      Los Angeles, CA 90024
      Phone: (310) 496-3300

      Orange County Partition Attorneys
      4000 MacArthur Blvd Ste 655
      Newport Beach, CA 92660
      Phone: (949) 888-8800

      San Jose Partition Attorneys
      99 S. Almaden Blvd Suite 600
      San Jose, CA 95113
      Phone: (408) 777-6800

      San Diego Partition Attorneys
      11622 El Camino Real Ste 100
      San Diego, CA 92130
      Phone: (858) 800-3300

      San Francisco Partition Attorneys
      50 California St, Ste 1500
      San Francisco, CA 94111
      Phone: (415) 966-3300

      Riverside Partition Attorneys
      3610 Central Ave, Ste 400
      Riverside, CA 92506
      Phone: (951) 888-3300

      Sacramento Partition Attorneys
      500 Capitol Mall, Suite 2350
      Sacramento, CA 95814
      Phone: (916) 668-3300

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