Updated on October 9, 2026

Partition of Real Property Act (PRPA)

California partition law allows co-owners to divide jointly owned real property or seek a court-ordered sale. Traditionally, these proceedings could result in forced sales that disproportionately affected families holding inherited property. See Cal. Civ. Proc. Code §§ 872.810–872.820.

In 2021, California enacted the Partition of Real Property Act (PRPA), codified at Code of Civil Procedure §§ 874.311–874.323, to establish additional safeguards for co-owners. The Act introduces procedures for property valuation, cotenant buyout rights, partition in kind, court-ordered sales, and allocation of partition costs.

As amended, the California Partition of Real Property Act generally applies to partition actions filed on or after January 1, 2023, involving real property held in tenancy in common without a qualifying binding partition agreement. These provisions affect whether cotenants can retain ownership, divide the property, or receive proceeds from a judicial sale.

What Does the California Partition of Real Property Act Change?

The California Partition of Real Property Act (PRPA) supplements existing partition law with safeguards for property valuation, cotenant buyouts, physical division, judicial sales, and litigation costs.

A cotenant is a person who shares ownership of real property with another owner. When cotenants disagree about dividing or selling their property, a partition action allows them to seek a judicial resolution.

The PRPA changes six key aspects of the partition process:

Legal issue	How the PRPA changes the process
Property eligibility	Defines which tenancy-in-common properties qualify for the Act’s procedures.
Property valuation	Establishes procedures for determining fair market value.
Cotenant buyouts	Gives eligible cotenants an opportunity to purchase interests held by owners requesting partition by sale.
Partition in kind	Generally favors physical division unless it would cause great prejudice to cotenants as a group.
Judicial sales	Establishes requirements for open-market sales and alternative sale methods.
Litigation costs	Restricts cost allocation against parties opposing partition unless statutory conditions are met.

These provisions work together: ownership determines eligibility, valuation informs buyout prices, and the outcome of the buyout process affects whether the court proceeds toward physical division or sale.

History of California’s Partition of Real Property Act: UPHPA, AB 633, and AB 2245

California’s Partition of Real Property Act (PRPA) draws from the Uniform Partition of Heirs Property Act (UPHPA), a model law approved by the Uniform Law Commission in 2010. The UPHPA addressed the loss of inherited family property through forced partition sales by introducing safeguards for property valuation, cotenant buyouts, and partition in kind. See Uniform Law Commission, Uniform Partition of Heirs Property Act (Summary); 7 U.S.C. § 2266b(a)(1)(A).

California enacted the PRPA through Assembly Bill 633 (Stats. 2021, ch. 119), effective January 1, 2022. Assembly Bill 2245 (Stats. 2022, ch. 82), effective January 1, 2023, subsequently expanded the Act beyond heirs property to qualifying real property held in tenancy in common without a binding partition agreement. See Cal. Civ. Proc. Code § 874.311(b).

As amended, the PRPA applies to partition actions filed on or after January 1, 2023. Cal. Civ. Proc. Code § 874.311(c). This expanded scope distinguishes California’s current law from earlier discussions of the Uniform Partition of Heirs Property Act in California.

When Does the Partition of Real Property Act Apply?

The California Partition of Real Property Act (PRPA) applies to partition actions filed on or after January 1, 2023, involving real property held in tenancy in common without an agreement in a record binding all cotenants that governs partition. See Cal. Civ. Proc. Code § 874.311(b)–(c).

Under CCP § 874.313, qualifying property must be partitioned according to the PRPA unless all cotenants agree otherwise in a record. The Act supplements California’s general partition statutes and controls when its provisions conflict with those statutes.

Does the PRPA Apply to Tenancy-in-Common Property?

The California Partition of Real Property Act (PRPA) generally covers qualifying real property held in tenancy in common. Its applicability depends on the ownership structure, any binding partition agreement, and the lawsuit’s filing date.

Ownership or property circumstance	PRPA applicability
Real property held in tenancy in common without a qualifying partition agreement	Generally covered
Inherited property held by tenants in common	Generally covered
Tenancy-in-common property subject to a qualifying binding partition agreement	Excluded from the PRPA’s property definition
Joint tenancy	Not covered while held in joint tenancy
Community property partition between spouses	Governed by separate legal procedures
Partnership property	Not covered merely because partners share an interest in partnership property
Personal property	Outside the PRPA’s real-property scope

The distinction between tenancy in common and joint tenancy ownership is important because different ownership arrangements may be subject to different partition procedures.

For example, siblings who inherit a house as tenants in common may qualify for the PRPA. Owners should examine their deed, title records, and any binding agreements to determine which partition rules apply.

How Does a California Partition Lawsuit Begin?

A California partition lawsuit begins when a co-owner files a complaint in the superior court with jurisdiction over the property. Under CCP § 872.230, the complaint must identify the property, relevant ownership interests, known or recorded interests of other parties, and the partition requested.

The plaintiff must join the required parties and provide legally sufficient notice. The court then determines the parties’ ownership rights and may enter an interlocutory judgment under CCP § 872.720, establishing their interests and directing further partition proceedings.

Accurate deeds, title records, and ownership information help establish the parties’ rights, particularly when the property has been inherited or transferred between multiple owners.

Notice, Service, and Court-Appointed Referees

Under CCP § 874.314, the California Partition of Real Property Act (PRPA) preserves existing service procedures but adds property-posting requirements when a plaintiff seeks notice by publication.

Within 10 days of the court’s determination, the plaintiff must post a conspicuous sign on the property and maintain it throughout the pending action. The sign must state that a partition action has commenced, identify the court’s name and address, and provide the property’s common designation. The court may also require the names of the plaintiff and known defendants.

Under CCP § 874.315, court-appointed referees must be disinterested and impartial and cannot be parties to or participants in the action. This requirement helps ensure that referees perform their court-directed duties without conflicting interests.

How Is Property Valued Under the PRPA?

Under CCP § 874.316, the California Partition of Real Property Act establishes procedures for determining a property’s fair market value, which helps calculate the purchase price of a cotenant’s ownership interest.

Unless the cotenants agree on a value or alternative valuation method, the court generally appoints a disinterested California-licensed real estate appraiser to value the property as a fee-simple estate under sole ownership. The appraiser submits a sworn or verified appraisal to the court. If the appraisal’s evidentiary value is outweighed by its cost, the court may determine value using other evidence.

Under CCP § 874.316(e), the court must notify each party within 10 days after the appraisal is filed. The notice must state the property’s appraised fair market value, explain where the appraisal is available for review, and identify the right to object within 30 days after notice.

Under CCP § 874.316(f), the court must hold a valuation hearing no sooner than 30 days after providing notice. The court considers the appraisal and other valuation evidence submitted by the parties before determining the property’s fair market value.

Can One Co-Owner Buy Out Another Under the PRPA?

Yes. Under CCP § 874.317(a), when a cotenant requests partition by sale, the court must notify the parties, after determining the property’s value, that eligible cotenants who did not request the sale may purchase the interests of those seeking the sale. This statutory buyout right allows qualifying co-owners to retain the property without an immediate court-ordered sale.

How Is the Buyout Price Calculated?

Under CCP § 874.317(c), the buyout price equals the court-determined fair market value of the property multiplied by the selling cotenant’s fractional ownership interest.

For example, purchasing a 25% interest in a property valued at $1,000,000 costs $250,000.

Valuation component	Amount
Court-determined property value	$1,000,000
Selling cotenant’s ownership interest	25%
Statutory buyout price	$250,000

Separate litigation costs and property-related accounting adjustments may affect the parties’ overall financial outcome.

Buyout Election and Payment Deadlines

Under CCP § 874.317, eligible cotenants must follow these statutory deadlines:

Procedural stage	Deadline
Buyout election	Within 45 days after the court sends the buyout notice
Payment	Court-established deadline at least 60 days after notice of the election results
Additional purchase opportunity after nonpayment	20 days under the statutory default procedure

When multiple cotenants elect to buy, their purchase shares are allocated proportionally based on their existing ownership interests. After the required payments, the court reallocates ownership and disburses the purchase funds.

If an electing cotenant fails to pay, CCP § 874.317(f) allows qualifying cotenants who paid their shares an additional opportunity to purchase the unpaid interest.

Can a Cotenant Buy Out a Nonappearing Defendant Under the PRPA?

Yes, subject to court approval. Under CCP § 874.317(g)–(h), qualifying cotenants may seek to purchase the ownership interests of defendants who were served with a partition complaint but did not appear in court. The purchase must satisfy statutory requirements and receive judicial approval.

The court reviews the proposed purchase, including whether its terms are fair and reasonable. A defendant’s failure to appear does not automatically transfer their ownership interest.

Considering a cotenant buyout or facing a partition sale? Schorr Law’s Los Angeles partition attorneys help property owners evaluate buyout rights, statutory deadlines, and available legal remedies.

Contact Schorr Law to discuss your partition matter.

Partition in Kind vs. Partition by Sale: What Does the Court Prefer?

Under CCP § 874.318(a), the California Partition of Real Property Act (PRPA) generally favors partition in kind, or physical division of the property, over a court-ordered sale.

If the statutory buyout process does not resolve the dispute, the court must order partition in kind unless physical division would cause great prejudice to the cotenants as a group. A cotenant’s preference for selling the property does not alone establish great prejudice.

Seven Factors Courts Consider When Partition in Kind Causes Great Prejudice

Under CCP § 874.319, courts consider seven factors when deciding whether physical division would cause great prejudice.

Statutory factor	What the court considers
Practical divisibility	Whether the property can reasonably be divided
Aggregate property value	Whether division would substantially reduce the property’s combined value
Family ownership history	How long cotenants or their families have owned the property
Sentimental attachment	Ancestral or other personal significance
Existing lawful use	How division would affect the property’s current use
Cotenant contributions	Payments for taxes, insurance, maintenance, and improvements
Other relevant factors	Additional circumstances affecting the cotenants

No single factor controls the decision. CCP § 874.319(b) requires the court to consider the relevant factors collectively.

Physical division must also account for property boundaries, subdivision requirements, and local land-use restrictions. A land survey may help assess divisibility but does not establish that subdivision is legally permitted.

If partition in kind would cause great prejudice, CCP § 874.318 permits partition by sale when its requirements are met. The statute also addresses dismissal when no cotenant requested a sale and allows equalization payments in qualifying physical divisions.

How Does a Court-Ordered Partition Sale Work?

Under CCP § 874.320, a court-ordered partition sale generally proceeds through the open market, unless the court determines that sealed bids or an auction would be more economically advantageous and serve the cotenants’ collective interests.

The cotenants have 10 days after the sale order to agree on a California-licensed real estate broker. Otherwise, the court appoints a disinterested licensed broker. The broker initially markets the property at no less than its court-determined value.

Under CCP § 874.321(a), the broker must report a qualifying offer to the court within seven days. If the property does not attract an offer meeting the required value within a reasonable period, the court may consider other statutory sale options after a hearing.

Sale proceeds are not necessarily divided according to ownership percentages alone. Liens, sale expenses, partition costs, and court-approved accounting adjustments can affect each owner’s final distribution. For example, a cotenant who paid qualifying shared property expenses may seek reimbursement. See Schorr Law’s discussion of reimbursement of advanced funds in partition actions.

Who Pays for a Partition Action Under California’s PRPA?

Under CCP § 874.040, California courts generally allocate partition costs according to ownership interests or another equitable distribution. CCP § 874.010 identifies recoverable costs, which may include qualifying common-benefit attorney fees, referee fees, and title-related expenses.

However, CCP § 874.321.5 limits cost allocation against a party opposing partition. Such costs may be imposed only when doing so is equitable and consistent with the PRPA’s purposes.

Cost category	Applicable rule
General partition costs	Allocated under CCP § 874.040
Common-benefit attorney fees	Recoverable when statutory requirements are met
Referee and other qualifying expenses	Subject to applicable cost-allocation rules
Costs charged to an opposing cotenant	Restricted by CCP § 874.321.5

Property expenses are a separate accounting issue. Mortgage payments, taxes, insurance, maintenance, and improvements may support reimbursement or other adjustments when justified by the evidence and applicable law. Not every expenditure qualifies for reimbursement.

How Long Does a Partition Action Take in California?

California partition actions have no fixed statutory completion period. Their duration depends on court scheduling, disputed ownership interests, property valuation, buyout elections, and whether the parties reach a settlement.

The PRPA establishes specific procedural deadlines, including a 30-day appraisal objection period, a 45-day buyout election period, and court-established payment deadlines. These periods govern individual stages rather than the entire lawsuit.

Contested valuations, accounting disputes, and court-ordered sales may extend the proceedings.

How Should California Co-Owners Prepare for a Partition Action?

Co-owners should identify their objectives—retaining the property, purchasing another interest, physically dividing the property, or seeking a sale—and organize evidence supporting their ownership rights and financial contributions.

Document or evidence	Purpose
Deeds and title reports	Establish ownership interests and recorded claims
Co-ownership agreements	Identify contractual partition provisions
Appraisals and valuation records	Support property valuation and buyout discussions
Mortgage and tax records	Document payments and potential reimbursement claims
Maintenance and improvement receipts	Support accounting adjustments
Surveys and land-use records	Help assess physical division
Inheritance and estate records	Clarify ownership history
Cotenant communications	Document negotiations and disputed positions

Cotenants considering a buyout should also assess their financing options and ability to satisfy court-established payment deadlines.

Protecting Your Interests in a California Partition Dispute

Schorr Law represents Southern California property owners in partition lawsuits and complex real estate disputes. Its attorneys help clients evaluate ownership rights, cotenant buyouts, judicial sales, and potential financial adjustments.

Need guidance on a California partition action?

Schedule a consultation with Schorr Law by calling (310) 954-1877 or emailing info@schorr-law.com to discuss your property ownership dispute.

FAQs About the California Partition of Real Property Act

What is the California Partition of Real Property Act?

The California Partition of Real Property Act (PRPA) governs qualifying partition actions involving real property held in tenancy in common. Codified at CCP §§ 874.311–874.323, it establishes procedures for property valuation, cotenant buyouts, physical division, judicial sales, and partition costs.

Does the PRPA apply to all jointly owned property in California?

No. The PRPA generally applies to qualifying tenancy-in-common property without a binding partition agreement and to actions filed on or after January 1, 2023. Property held in joint tenancy is not covered while it remains in that ownership form. See CCP § 874.311.

Can a co-owner force the sale of property in California?

A co-owner may seek partition through the courts, but a sale is not automatic. Under the PRPA, eligible cotenants may exercise buyout rights, and courts generally favor partition in kind unless physical division would cause great prejudice to the cotenants as a group.

Can one co-owner buy out another under the PRPA?

Yes. Under CCP § 874.317, eligible cotenants who did not request partition by sale may purchase the interests of those who did. The buyout price generally equals the court-determined property value multiplied by the selling cotenant’s fractional ownership interest.

How long does a co-owner have to exercise PRPA buyout rights?

Eligible cotenants generally have 45 days after the court sends the buyout notice to elect to purchase. The court then establishes a payment deadline at least 60 days after notice of the election results, subject to the applicable statutory procedures. See CCP § 874.317.

What is the difference between partition in kind and partition by sale?

Partition in kind physically divides property among cotenants, while partition by sale converts the property into sale proceeds. Under CCP § 874.318, courts generally prefer physical division unless it would cause great prejudice to the cotenants as a group.

About the Author

Zachary D. Schorr is a California real estate litigation attorney and the founding attorney of Schorr Law. He represents clients in specific performance actions, partition lawsuits, quiet title disputes, and complex real estate litigation throughout Southern California.

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