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CA AB2245

Bill

Status

Passed

7/1/2022

Primary Sponsor

James Ramos

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Expands the Uniform Partition of Heirs Property Act to apply to any real property held in tenancy in common without a binding partition agreement among all cotenants, renaming it the Partition of Real Property Act.

  • Requires courts to determine fair market value through appraisal by a licensed California real estate appraiser, unless cotenants agree on valuation or the court finds appraisal costs outweigh evidentiary value.

  • Establishes that open-market sales are the default partition method, with courts only ordering sealed bids or auctions if found more economically advantageous; requires brokers to report offers meeting the determined property value within seven days.

  • Requires courts to consider seven factors when determining whether partition in kind would cause great prejudice, including property divisibility, relative values, duration of ownership, sentimental attachment, and contributions to property maintenance.

  • Prohibits courts from apportioning partition costs to parties opposing the partition unless doing so is equitable and consistent with the chapter's purposes, effective for actions filed on or after January 1, 2023.

Legislative Description

Partition of real property.

Last Action

Chaptered by Secretary of State - Chapter 82, Statutes of 2022.

7/1/2022

Committee Referrals

Judiciary5/18/2022
Rules5/10/2022
Judiciary3/24/2022

Full Bill Text

No bill text available