§ 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
Full Text of § 874.312
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?
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.