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
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
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
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