California Code of Civil Procedure 874.311 – (a) This act shall be known, and may be cited, as the Partition …
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(a) 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.
Terms Used In California Code of Civil Procedure 874.311
- Property: includes real and personal property. See California Code of Civil Procedure 872.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
(c) This act applies to actions for partition of real property filed on or after January 1, 2023.
(Amended by Stats. 2022, Ch. 82, Sec. 3. (AB 2245) Effective January 1, 2023.)