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
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
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
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 874.315 is the California partition statute that sets forth the role of the referee in the Partition of Real Property Act. The statute states the following: If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be disinterested … Read More
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 … 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
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
California Code of Civil Procedure 874.319 is the California partition statute that establishes whether or not a partition in kind would result in great prejudice to the cotenants of the property under the California Partition of Real Property Act. The statute states the following: (a) In determining whether partition in kind would result in great prejudice to the … Read More
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