California Code of Civil Procedure

§ 874.319

CCP § 874.319 Effective Jan 1, 2023Title 10.5 · Part 2 · Ch. 10

Statute text

(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 the property practicably can be divided among the cotenants.

(2)Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur.

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Legislative history

Amended by Stats. 2022, Ch. 82, Sec. 8. (AB 2245) Effective January 1, 2023.