Partition Statutes

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 (Uniform Partition of Heirs 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 Uniform Partition of Heirs Property Act. The statute states the following: (a) If the court orders a sale of heirs property, the sale shall be an open-market sale unless the court finds … Read More

California - Uniform Partition of Heirs Property Act

Partition of Real Property Act – California – The Ultimate Guide (Formerly known as the Uniform Partition of Heirs Property Act)

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 will go into effect on January 1, 2023 which replaces the Uniform Partition of Heirs Property Act. The Act allows for added opportunities … Read More

Code of Civil Procedure 873.770 CCP – Taking Setoff from Party Purchaser (Partition Actions)

Code of Civil Procedure 873.770 CCP – Taking Setoff from Party Purchaser (Partition Actions)

California Code of Civil Procedure 873.770 is the California partition statute that explains how the partition referee will distribute proceeds of sale when the purchaser is also a party entitled to some of the proceeds of sale, i.e., when credit bidding may be available. The statute provides that: Where the purchaser is a party or … 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 (Uniform Partition of Heirs 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 Uniform Partition of Heirs Property Act. The statute states the following: In an action for partition of heirs property, the court may apportion the costs of partition, … Read More

Code of Civil Procedure CCP 873.210 Division by Referee

Code of Civil Procedure 873.210 CCP – Division by Referee (Partition Actions)

California Code of Civil Procedure 873.210 is the California partition statute that describes how the partition referee will physically divide and distribute the property in relation to the parties’ interest in the property. The statute states: The referee appointed by the court to make a division of the property shall divide the property and allot … Read More

Uniform Partition of Heirs Property Act Definitions CCP 874.312

Code of Civil Procedure 874.312 CCP – Definitions (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.312 is the California partition statute that defines terms used in the Uniform Partition of Heirs Property Act. The terms stated here are used throughout the Uniform Partition of Heirs Property Act. Notably, this statute defines “heirs property” as it is used in the Uniform Partition of Heirs Property Act … Read More

Code of Civil Procedure 874.319 CCP Considerations for Partition in Kind (Uniform Partition of Heirs Property Act)

Code of Civil Procedure 874.319 CCP – Considerations for Partition in Kind (Uniform Partition of Heirs Property Act)

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 Uniform Partition of Heirs Property Act. The statute states the following: (a) In determining whether partition in kind would result in great prejudice to … Read More

Code-of-Civil-Procedure-872.530-CCP-Personal-Representatives-Joinder-Affidavits-Partition-Actions

Code of Civil Procedure 872.530 CCP – Personal Representatives; Joinder; Affidavits (Partition Actions)

California Code of Civil Procedure 872.530 is the California partition statute that outlines how to file a partition action against a co-owner who is deceased or believed to be deceased. The statute further describes what should be done if a deceased party’s personal representative is known or unknown as follows: (a) If a person described in Section … 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 (Uniform Partition of Heirs 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 heirs property can buyout the interests of the other co-owners, which forms the essence of the Uniform Partition of Heirs Property Act. The statute states the following: (a) If any cotenant requested partition by … 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 (Uniform Partition of Heirs 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 Uniform Partition of Heirs Property Act. The statute states the following: (a) Except as otherwise provided in subdivisions (b) and (c), if the court determines that … Read More

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