AB 633 — Partition of real property: Uniform Partition of Heirs Property Act.

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. This bill would enact the Uniform Partition of Heirs Property Act, which would require specified procedures in an action to partition real property that is heirs property, defined as property for which there is no written agreement regarding partition 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. If a cotenant requests partition by sale, the bill would give cotenants who did not request the partition the option to buy all of the interests of the cotenants that requested partition by sale, as specified. If all of those interests are not purchased or a cotenant who has requested partition in kind remains after purchase, the bill would require the court to partition the property in kind or by sale, as specified. The bill would provide procedures pursuant to which the property is appraised. The bill would permit the court to apportion the costs of partition among the parties in proportion to their interests, but would prohibit the apportionment of costs among parties that oppose the partition, except as specified. The bill would provide that these provisions supplement existing law and control over existing law that is inconsistent if an action is governed by these provisions.

Bill Text

• Chaptered 07/23/21 - Chaptered Current pdf July 23, 2021
• Enrolled 07/13/21 - Enrolled pdf July 13, 2021
• Amended 06/24/21 - Amended Senate pdf June 24, 2021
• Amended 03/15/21 - Amended Assembly pdf March 15, 2021
• Introduced 02/12/21 - Introduced pdf February 12, 2021
• AB633 View text html

Action History

1. July 23, 2021

   Chaptered by Secretary of State - Chapter 119, Statutes of 2021.

2. July 23, 2021

   Approved by the Governor.

3. July 15, 2021

   Enrolled and presented to the Governor at 3:30 p.m.

4. July 12, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2303.).

5. July 05, 2021

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 7 pursuant to Assembly Rule 77.

6. July 05, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1804.).

7. June 24, 2021

   Read second time and amended. Ordered to consent calendar.

8. June 23, 2021

   From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (June 22).

9. May 12, 2021

   Referred to Com. on JUD.

10. April 05, 2021

    In Senate. Read first time. To Com. on RLS. for assignment.

11. April 05, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 862.)

12. March 24, 2021

    Read second time. Ordered to Consent Calendar.

13. March 23, 2021

    From committee: Do pass. To Consent Calendar. (Ayes 11. Noes 0.) (March 23).

14. March 16, 2021

    Re-referred to Com. on JUD.

15. March 15, 2021

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

16. February 25, 2021

    Referred to Com. on JUD.

17. February 13, 2021

    From printer. May be heard in committee March 15.

18. February 12, 2021

    Read first time. To print.

Sponsors

• Lisa Calderon · Primary

Votes

Subjects