Partition of real property: Uniform Partition of Heirs Property Act.

Existing law authorizes an owner of an estate in real property to commence and maintain an action for partition of the property against all persons having or claiming interests in the estate as to which partition is sought. If the court finds that the plaintiff is entitled to partition, it is required to make an interlocutory judgment that determines the interests of all owners of the property and orders that the property be divided among those parties in accordance with their interests or sold with the proceeds divided among them, as specified. This bill would enact the Uniform Partition of Heirs Property Act, which would require specified procedures in an action to partition real property that is heirs property, defined as property for which there is no written agreement regarding partition that binds the cotenants of the property, one or more of the cotenants acquired title from a relative, and meets one of specified thresholds regarding cotenants who are relatives or who acquired title from a relative. If a cotenant requests partition by sale, the bill would give cotenants who did not request the partition the option to buy all of the interests of the cotenants that requested partition by sale, as specified. If all of those interests are not purchased or a cotenant who has requested partition in kind remains after purchase, the bill would require the court to partition the property in kind or by sale, as specified. The bill would provide procedures pursuant to which the property is appraised. The bill would permit the court to apportion the costs of partition among the parties in proportion to their interests, but would prohibit the apportionment of costs among parties that oppose the partition, except as specified. The bill would provide that these provisions supplement existing law and control over existing law that is inconsistent if an action is governed by these provisions.