Sections
13 entriesSection 874.311Establishes the Partition of Real Property Act for real property held in tenancy in common when no record agreement binding all cotenants…Section 874.312Defines key terms for the chapter: “determination of value” as the specified court fair-market-value order or an all-cotenant agreed valuation; “partition by…Section 874.313Requires real property in a partition action to be partitioned under the chapter unless all cotenants agree otherwise in a record. The…Section 874.314Limits the act from changing how a partition complaint may be served. Requires a plaintiff seeking publication notice, within 10 days after…Section 874.315Requires every referee appointed by the court under the referenced partition provision to be disinterested and impartial and not to be a…Section 874.316Requires fair market value generally to be determined through an appraisal by a disinterested California-licensed appraiser, unless all cotenants agree on value…Section 874.317Requires the court to offer non-sale-requesting cotenants an opportunity to buy all sale-requesters’ interests after valuation; elections are due within 45 days,…Section 874.318Requires partition in kind when specified buyouts do not resolve all sale requests or a cotenant still requests it, unless the court…Section 874.319Requires the court assessing whether partition in kind would greatly prejudice cotenants as a group to weigh practicability, comparative value, family ownership…Section 874.320Requires a court-ordered sale to use the open market unless sealed bids or auction are more economically advantageous and serve the cotenants’…Section 874.321Requires a court-appointed broker to report within seven days after receiving an offer at least equal to the court-determined property value. The…Section 874.321.5Allows the court in a partition action to apportion partition costs, including an appraisal fee, under the referenced cost provision. Prohibits allocating…Section 874.323Limits the federal Electronic Signatures in Global and National Commerce Act by modifying, limiting, and superseding it to the extent stated, while…