RulesofCivilProcedure.com Civil Procedure · Every State

§ 874.312.Definitions

Title 10.5. Partition of Real and Personal Property · Chapter 10. Partition of Real Property Act · Last amended 2023 · Last verified July 28, 2026

In one sentenceSection 874.312 defines four terms used throughout the Partition of Real Property Act — determination of value, partition by sale, partition in kind, and record — setting the vocabulary the rest of Chapter 10's valuation, buyout, and sale procedures build on.

Full Text of § 874.312

Text sizeJump to: (a) (b) (c) (d)

For purposes of this chapter, the following definitions apply:
(a) "Determination of value" means a court order determining the fair market value of the property under Section 874.316 or 874.320 or adopting the valuation of the property agreed to by all cotenants.
(b) "Partition by sale" means a court-ordered sale of the entire property, whether by auction, sealed bids, or open-market sale conducted under Section 874.320.
(c) "Partition in kind" means the division of property into physically distinct and separately titled parcels.
(d) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Plain-English Summary

Before Chapter 10's mechanics can make sense, its key terms need fixed meanings. A "determination of value" is the court order fixing fair market value under § 874.316 or § 874.320, or the court's adoption of a value the cotenants agreed to themselves. "Partition by sale" means a court-ordered sale of the entire property, whether by auction, sealed bids, or the open-market process § 874.320 describes. "Partition in kind" means dividing the property into physically distinct parcels, each separately titled.

The fourth term, "record," gets a deliberately broad definition — information inscribed on something tangible, or stored electronically, so long as it can be retrieved in perceivable form. That breadth matters because this chapter lets cotenants act "in a record" in several places, including the opt-out agreement under § 874.313, and because § 874.323 separately addresses how electronic records interact with federal electronic-signature law.

Frequently Asked Questions

What does "determination of value" mean under this chapter?

A court order fixing fair market value under § 874.316 or § 874.320, or the court's adoption of a value all the cotenants agreed to.

What's the difference between "partition by sale" and "partition in kind"?

Partition by sale is a court-ordered sale of the whole property, by auction, sealed bids, or open-market sale; partition in kind is a physical division into separately titled parcels.

Why does the chapter define "record" so broadly?

Because agreements and elections under this chapter, including the opt-out agreement in § 874.313, can be made in either tangible or electronic form.

Amendment History

Amended by Stats 2022 ch 82 (AB 2245),s 4, eff. 1/1/2023. Added by Stats 2021 ch 119 (AB 633),s 2, eff. 1/1/2022.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: partition in kind definition californiapartition by sale definition california