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

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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 under this title, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.

(c) This chapter supplements the other provisions of this title and, if an action is governed by this chapter, this chapter shall control over any provisions of this title that are inconsistent with this chapter.

California Code of Civil Procedure 874.313

What is Heirs Property under the Uniform Partition of Heirs Property Act?

The real question is what is “heirs property” such that the Uniform Partition of Heirs Property Act will apply. In turn, “heirs property” is defined by Code of Civil Procedure Section 874.312(e) as follows:

“Heirs property” means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:

(1) There is no agreement in a record binding all the cotenants which governs the partition of the property.

(2) One or more of the cotenants acquired title from a relative, whether living or deceased.

(3) Any of the following applies:

(A) Twenty percent or more of the interests are held by cotenants who are relatives.

(B) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased.

(C) Twenty percent or more of the cotenants are relatives.

Code of Civil Procedure Section 874.312(e)

In turn: “’Relative’ means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or state law other than this chapter.” [1]Code of Civil Procedure Section 874.312(g) This broad definition would seemingly include even those who are perhaps formerly deemed to be relatives, such as ex-spouses, and relatives of former ex-spouses.

For those with heirs property, the may find that the Uniform Partition of Heirs Property Act in California provides an excellent addition for a easy alternative to the normal partition procedures, including rules allowing for a procedure akin to partition by appraisal that would not have otherwise applied absent the agreement of the parties before the case was filed.

Applicability of Ordinary Partition Statutes in Partition of Heirs Property Act Cases

One of the most powerful tools will be the interpretation of the following phrase in this Section: “This chapter supplements the other provisions of this title and, if an action is governed by this chapter, this chapter shall control over any provisions of this title that are inconsistent with this chapter.” [2]California Code of Civil Procedure 874.313(c) This means that the rest of the California partition statutes apply in partition of heirs property cases so long as they are not “inconsistent” with the rules in the Uniform Partition of Heirs Property Act. No guidance currently exists on what is or not consistent with these new rules.

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15 minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

References

References
1 Code of Civil Procedure Section 874.312(g)
2 California Code of Civil Procedure 874.313(c)
About Scott Talkov

Scott Talkov is a real estate lawyer, business litigator and bankruptcy lawyer in California. He founded Talkov Law Corp. after of experience with one of the region's oldest law firms, where he served as one of the firm's partners. He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterpise, and in Los Angeles Lawyer Magazine. Scott has been named a Super Lawyers Rising Star every year since 2013. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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