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What is the Partition of Real Property Act in California?

Formerly known as the Uniform Partition of Heirs Property Act

The Partition of Real Property Act in California is a newly-implemented law that expands upon the Uniform Partition of Heirs Property Act to give non-partitioning parties additional opportunities to buy out their co-owners. Essentially, the Partition of Real Property Act creates a right of first refusal by forcing a partition by appraisal. The Act seeks to “expand the scope of the Uniform Partition of Heirs Property Act to apply to any real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property.” [1]CA LEGIS 82 (2022), 2022 Cal. Legis. Serv. Ch. 82 (A.B. 2245) This allows co-owners even more ways to buy out their co-owners and move on from the co-ownership.

If you have questions about this new law, see our Ultimate Guide to the Partition of Real Property Act in California.

  • California Partition of Real Property Act Statutes
    • CCP § 874.311. Short Title; Application of Act
    • CCP § 874.312. Definitions
    • CCP § 874.313. Applicability; Relation to Other Laws
    • CCP § 874.314. Method of Service; Notice by Publication
    • CCP § 874.315. Referees
    • CCP § 874.316. Determination of Fair Market Value; Notice
    • CCP § 874.317. Cotenant Buyout of Interests
    • CCP § 874.318. Partition Alternatives
    • CCP § 874.319. Considerations for Partition in Kind
    • CCP § 874.320. Court Ordered Open-Market Sale; Sealed Bids; Auction
    • CCP § 874.321. Filing Report for Open-Market Sales
    • CCP § 874.321.5. Apportionment of the Costs of Partition
    • CCP § 874.322. Repealed by Stats.2022, c. 82 (A.B.2245), § 12
    • CCP § 874.323. Supersedes the Electronic Signatures in Global and National Commerce Act

Talkov Law's Partition Attorneys Can Help

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With six, full time partition lawyers, Talkov Law is the #1 law firm for partition actions in California. Our expertise is in ending co-ownership disputes and we've mastered efficiency in forcing the sale of jointly owned property. This is why we can offer you unbeatable prices without compromising on quality. Most importantly, we have developed techniques to end your co-ownership disputes faster - usually within just 3 to 9 months. 

Best of all, we can help you unlock the equity in your property with no retainer and no monthly billing for qualified cases. Our normal hourly rates will be paid when we succeed at getting your property sold, putting money in your pocket! For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online.

References

References
1 CA LEGIS 82 (2022), 2022 Cal. Legis. Serv. Ch. 82 (A.B. 2245)


This post first appeared on Talkov Law, please read the originial post: here

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What is the Partition of Real Property Act in California?

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