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Partition of Real Property Act

SB 9 Lot Splits in a Partition Action

Prior to California’s enactment of SB 9, also known as the California HOME Act, a single-family home in a partition action would almost certainly be sold since division of the property would not be allowed under zoning laws requiring certain lot sizes. However, SB 9, which became effective in 2022, mandates that cities approve certain … Read More

Code of Civil Procedure § 874.323 (CCP) – Supersedes the Electronic Signatures in Global and National Commerce Act (Partition Actions)

California Code of Civil Procedure 874.323 is the California partition statute explaining e-signatures under the California Partition of Real Property Act: This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 … Read More

Right of First Refusal in a California Partition Action

Right of First Refusal in a California Partition Action

What is a Right of First Refusal in a Partition Action? In a California partition action, a right of first refusal is a right given to co-owners that allows them to purchase their other co-owners’ interests before the property is sold to a third party. This gives all co-owners a chance the resolve the co-ownership … Read More

California Code of Civil Procedure 874.321 filing report for open-market sales partition of real property act

Code of Civil Procedure 874.321 CCP – Filing report for open-market sales (Partition of Real Property Act)

California Code of Civil Procedure 874.321 is the California partition statute that describes what details of the sale of the property are required to be submitted to the court under the California Partition of Real Property Act. The statute provides that: (a) A broker appointed to offer property for open-market sale shall file a report with the … Read More

Code of Civil Procedure 874.314 CCP – Method of service; notice by publication (Partition of Real Property Act)

California Code of Civil Procedure 874.314 is the California partition statute that explains partition alternatives under the California Partition of Real Property Act. The statute provides that: (a) This act does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in … Read More

California Code of Civil Procedure 874.318

Code of Civil Procedure 874.318 CCP – Partition Alternatives (Partition of Real Property Act)

California Code of Civil Procedure 874.318 is the California partition statute that explains partition alternatives under the California Partition of Real Property Act. The statute provides that: (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.317, or if after conclusion of the … Read More

Code of Civil Procedure 874.316 Determiniation of fair market value, notice Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.316 CCP – Determination of fair market value; notice (Partition of Real Property Act)

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

Code of Civil Procedure 874.320 Court Ordered Open-Market Sale; Sealed Bids; Auction

Code of Civil Procedure 874.320 CCP – Court ordered open-market sale; sealed bids; auction (Partition of Real Property Act)

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

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

Code of Civil Procedure 874.311 CCP - Short title; application of act (Partition of Real Property Act)

Code of Civil Procedure 874.311 CCP – Short title; application of act (Partition of Real Property Act)

California Code of Civil Procedure 874.311 is the California partition statute that lays the foundation for the Partition of Real Property Act. The statute states the following: (a) This act shall be known, and may be cited, as the Partition of Real Property Act.(b) This act applies to real property held in tenancy in common … Read More

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