Partition of real property.
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AB 2245 — Partition of real property.
Last action — Chaptered by Secretary of State - Chapter 82, Statutes of 2022.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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. Under the Uniform Partition of Heirs Property Act, specified procedures apply in an action to partition real property that is heirs property, defined as property for which there is no agreement regarding partition in a record 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. This bill would enact the Partition of Real Property Act, which would expand the scope of the Uniform Partition of Heirs Property Act to apply to any real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property. The bill would make other conforming changes.
Bill Text
- Chaptered 07/01/22 - Chaptered Current pdf July 01, 2022
- Enrolled 06/17/22 - Enrolled pdf June 17, 2022
- Amended 03/24/22 - Amended Assembly pdf March 24, 2022
- Introduced 02/16/22 - Introduced pdf February 16, 2022
- AB2245 View text html
Action History
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Chaptered by Secretary of State - Chapter 82, Statutes of 2022.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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In Assembly. Ordered to Engrossing and Enrolling.
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Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4265.).
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Read second time. Ordered to Consent Calendar.
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From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (June 8).
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 0. Page 4613.)
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Read second time. Ordered to Consent Calendar.
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From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.) (May 3).
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Referred to Com. on JUD.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- James C. Ramos · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Ramos, James C. Democratic
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 2 |
| Republican | 4 | 0 | 0 | 0 |
| Democratic | 10 | 0 | 0 | 3 |
| Total | 35 | 0 | 0 | 5 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Portantino | — | Yea |
| Wieckowski | — | Yea |
| Roth | — | Yea |
| Bates | — | Yea |
| Min | — | Yea |
| Pan | — | Yea |
| Dodd | — | Yea |
| Atkins | — | Yea |
| Borgeas | — | Yea |
| Leyva | — | Yea |
| Melendez | — | Yea |
| Hertzberg | — | Yea |
| Skinner | — | Yea |
| Hueso | — | Yea |
| Nielsen | — | Yea |
| Bradford | — | Yea |
| Eggman | — | Yea |
| Kamlager | — | Yea |
| Gonzalez | — | Yea |
| Newman | — | Yea |
| Wilk | — | Yea |
| Rubio | — | Not Voting |
| Glazer | — | Not Voting |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Not Voting |
| Becker, Josh | Democratic | Not Voting |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Not Voting |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 2 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 2 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Borgeas | — | Yea |
| Hertzberg | — | Yea |
| Gonzalez | — | Yea |
| Wieckowski | — | Yea |
| Caballero, Anna M. | Democratic | Not Voting |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Stern, Henry I. | Democratic | Not Voting |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 26 | 0 | 0 | 4 |
| Unaffiliated | 35 | 0 | 0 | 4 |
| Republican | 6 | 0 | 0 | 3 |
| Total | 67 | 0 | 0 | 11 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (78)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Friedman | — | Yea |
| Voepel | — | Yea |
| Cooley | — | Yea |
| Mathis | — | Yea |
| Bigelow | — | Yea |
| Rendon | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Villapudua | — | Yea |
| Salas | — | Yea |
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Quirk | — | Yea |
| Wood | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| Low | — | Yea |
| Levine | — | Yea |
| O'Donnell | — | Yea |
| Waldron | — | Yea |
| Daly | — | Yea |
| McCarty | — | Yea |
| Smith | — | Yea |
| Cooper | — | Yea |
| Gray | — | Not Voting |
| Cunningham | — | Not Voting |
| Medina | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Not Voting |
| Mark Stone | — | Yea |
| Vince Fong | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Not Voting |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Not Voting |
| Haney, Matt | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Not Voting |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Ward, Christopher M. | Democratic | Not Voting |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Davies, Laurie | Republican | Yea |
| Flora, Heath | Republican | Not Voting |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Not Voting |
| Seyarto, Kelly | Republican | Yea |
| Valladares, Suzette Martinez | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Maienschein | — | Yea |
| Kiley | — | Yea |
| Cunningham | — | Yea |
| Bloom | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Davies, Laurie | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 2245 do?
- 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. Under the Uniform Partition of Heirs Property Act, specified procedures apply in an action to partition real property that is heirs property, defined as property for which there is no agreement regarding partition in a record 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. This bill would enact the Partition of Real Property Act, which would expand the scope of the Uniform Partition of Heirs Property Act to apply to any real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property. The bill would make other conforming changes.
- Who sponsors AB 2245?
- AB 2245 is sponsored by Ramos, James C. (Democratic).
- What is the current status of AB 2245?
- This bill has been enacted into law. Introduced February 16, 2022. Enacted.
- Where can I track AB 2245?
- Track AB 2245 free on One Click Politics — get push/email alerts when it moves.
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