CHAPTER 10. Partition of Real Property Act

Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2.

§§ 874.311–874.323 · 13 sections

• § 874.311 (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…
• § 874.312 For purposes of this chapter, the following definitions apply: (a) “Determination of value” means a court order determining the fair market value of the…
• § 874.313 (a) In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record. (b)…
• § 874.314 (a) This act does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action…
• § 874.315 If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees,…
• § 874.316 (a) Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of the property by ordering an appraisal pursuant…
• § 874.317 (a) If any cotenant requested partition by sale, the court shall, after the determination of value under Section 874.316, send notice to the parties that any…
• § 874.318 (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.317, or if after…
• § 874.319 (a) In determining whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) Whether…
• § 874.320 (a) If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more…
• § 874.321 (a) A broker appointed to offer property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase…
• § 874.321.5 In an action for partition of property, the court may apportion the costs of partition, including an appraisal fee, pursuant to Section 874.040, except that…
• § 874.323 This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify,…