Title: Citation of act; Applicability
This act shall be known, and may be cited, as the Partition of Real Property Act.
(b) This act applies to 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.
(c) This act applies to actions for partition of real property filed on or after January 1, 2023.
Summary
The PRPA applies to real property held by tenants in common unless there is a written agreement governing partition to the property. § 874.311(a). It applies to actions filed after January 1, 2023. § 874.311(b).
In addition, California Code of Cinil Procedure Section 874.313 similarly states that “the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record. § 874.313(a).
Furthermore, the PRPA “supplements the other provisions of [the pre-existing Partition Code]…”. § 874.313(b). In other words, the Partition of Real Property Act adds to the Partition Code which has been in existence. Together, they provide a comprehensive rules, requirements, and obligations relating to the partition of real property, which allow for owners of property in California to force other co-owners to sell or buyout their interest, including by use of a court-appointed referee.
See more:
Partition Law Past and Present: The Partition of Real Property Act and its Predecessor The Uniform Partition of Heirs Property Act
What is a Partition Referee?
Distribution of Proceeds from a Partition Sale: Expenses, Costs, Fees, Liens…and Adjustments Based on Equitable Considerations
As seen in
ANAND LAW is composed of partition lawyers, accountants, and real estate brokers. We represent parties in partition cases where we resolve co-ownership disputes throughout California, from San Diego to Sacramento, and beyond–including in the cities and areas of Los Angeles, Pasadena, Arcadia, Burbank, La Canada Flintridge, Covina, West Covina, Downey, Santa Monica, Glendale, Eagle Rock, Hollywood, Atwater Village, Echo Park, Glassell Park, Loz Feliz, Silverlake, Highland Park, Boyle Heights, Hancock Park, Cheviot Hills, Koreatown, Miracle Mile, Mid City, Venice, Van Nuys, Encino, Studio City, Sherman Oaks, Panorama City, North Hills, West Hills, Thousand Oaks, Calabasas, Granada Hills, Long Beach, Glendora, Anaheim, Inglewood, Santa Ana, Beverly Hills, Pomona, Marina Del Rey, Playa Del Rey, Mar Vista, Culver City, Cheviot Hills, Holmby Hills, Westchester, El Segundo, Hermosa Beach, Redondo Beach, Manhattan Beach, Huntington Beach, Orange, Irvine, Costa Mesa, Newport Beach, Moorpark, Fresno, Stockton, San Francisco, Berkeley, Oakland, Petaluma, Marin, Sausalito, Mill Valley, Tiburon, Daly City, Fremont, Stinson Beach, Redwood City, Berkeley, San Leandro, Napa, Santa Rosa, Costa Mesa, Huntington Beach, Santa Ana, Laguna Beach, Laguna Nigel, San Clemente, Ladera Ranch, Tustin, Lake Forest, Mission Viejo, Coto De Caza, Rancho Santa Margarita, Laguna Hills, Corona Del Mar, Carlsbad, La Jolla, Encinitas, Vista, Del Mar, Chula Vista, and communities throughout Los Angeles, Orange, Santa Barbara, Riverside, San Bernardino, San Luis Obispo, San Diego, Ventura, San Francisco, Alameda, and Mendocino Counties.
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