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

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

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

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

California - Uniform Partition of Heirs Property Act

Uniform Partition of Heirs Property Act – California – The Ultimate Guide

What is the Uniform Partition of Heirs Property Act (UPHPA) in California? The Uniform Partition of Heirs Property Act in California is the new law from the California legislature that makes it easier to solve co-ownership disputes between heirs and others owning family property. The law was created to address perceived abuse in California partition … 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

Code of Civil Procedure 874.315 Referees Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.315 CCP – Referees (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.315 is the California partition statute that sets forth the role of the referee in the Uniform Partition of Heirs 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 … Read More

Code of Civil Procedure 874.313 Applicability Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.313 CCP – Applicability; relation to other laws (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.313 is the California partition statute that sets forth the applicability of the Uniform Partition of Heirs Property Act. The statute states that the applicability is as follows: (a) This act applies to partition actions filed on or after January 1, 2022. (b) In an action to partition real property … Read More

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