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Partition of Real Property Act

The Partition of Real Property Act: What Changed for Inherited Property in California

By Elliott H. Stone, Managing Partner, Stone LLP · Updated September 3, 2026

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California’s Partition of Real Property Act, Code of Civil Procedure §§ 874.311–874.323, applies to tenancy-in-common property with no written agreement governing partition, for actions filed on or after January 1, 2023. Its strongest protections, an independent appraisal and a buyout right for co-owners who did not file, are reserved for "heirs property," defined as property at least 20 percent owned by relatives where the filing party’s interest was acquired from a relative (Code Civ. Proc. § 874.312(e)).

From the Uniform Partition of Heirs Property Act to the Partition of Real Property Act

California first adopted a version of the Uniform Partition of Heirs Property Act in 2021 (AB 633), effective for actions filed on or after January 1, 2022. That law applied narrowly to inherited "heirs property." In 2023, the Legislature expanded the framework into the broader Partition of Real Property Act, which now applies as the default procedure for any tenancy-in-common real property where the co-owners have no written agreement governing partition, not just inherited property. The 2022 heirs-property protections were preserved and folded into the expanded 2023 framework, with the enhanced protections still keyed to the "heirs property" definition.

What qualifies as "heirs property"

Under Code Civ. Proc. § 874.312(e), heirs property generally means real property held in tenancy in common, with no written agreement governing partition among the cotenants, where at least 20 percent of the property is owned by relatives of a common ancestor and the interest of the party seeking partition was itself acquired from a relative. This is a common fact pattern for siblings, cousins, or other family members who inherited property together, whether through a will, a trust, or intestate succession.

What the Act requires for qualifying heirs property

Before the court can order an open-market sale of heirs property, it must first determine the property’s fair market value, generally through an independent appraisal under § 874.316. Co-owners who did not join in seeking partition then have the opportunity to buy out the filing party’s interest at that appraised value, rather than being forced into an open-market sale. If no buyout occurs, the court weighs additional equitable factors, including how long the family has held the property and whether any co-owner uses it as a primary residence, before deciding how to proceed with partition.

Why this matters strategically

A family co-ownership dispute that looks, on the surface, like a straightforward partition case can be governed by a materially different procedure if it qualifies as heirs property. Determining that status early, and understanding whether the enhanced appraisal and buyout protections apply, often shapes the entire strategy of the case, for both the co-owner who wants to sell and the co-owner who wants to keep the property in the family.

For the full walkthrough of how a California partition action works, including the four stages, the accounting rules, and the limited ways to stop one, see our main guide, Partition Actions in California.

Frequently asked questions

Does the Partition of Real Property Act apply to property I bought with a friend or business partner, not a family member?

The broader 2023 Act still governs the default partition procedure for tenancy-in-common property without a written agreement, but the enhanced appraisal and buyout protections specific to "heirs property" require the 20-percent relative-ownership and family-acquisition elements of § 874.312(e), so a non-family co-ownership dispute would not receive those particular protections.

Can a written agreement between co-owners avoid the Act entirely?

Yes. The Act applies where there is no written agreement governing partition among the cotenants, a clear, enforceable written agreement addressing how partition will work can take a property outside the Act’s default framework.

If my siblings and I inherited a house, are we automatically covered by the heirs property protections?

Not automatically, it depends on the specific ownership percentages held by relatives and how each co-owner’s interest was acquired, which is a fact-specific determination the court makes early in the case.

This page is provided for general informational purposes and does not constitute legal advice. Partition matters turn on title, the governing documents, and the specific facts. No attorney-client relationship is created by reading this page.

Talk to Stone LLP about a co-ownership dispute

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