§ 874.313.Property to Be Partitioned Under This Chapter; Exceptions

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 874.313 makes Chapter 10 the default rule for any action to partition real property unless every cotenant agrees otherwise in a record, and directs that this chapter supplements the rest of Title 10.5 while controlling over any inconsistent provision when it applies.

Full Text of § 874.313

Text sizeJump to: (a) (b)

(a) In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.

(b) This chapter supplements the other provisions of this title and, if an action is governed by this chapter, this chapter shall control over any provisions of this title that are inconsistent with this chapter.

Plain-English Summary

This section sets the on-off switch for the Partition of Real Property Act. Subdivision (a) makes it the default: a real property partition action is governed by this chapter unless all the cotenants have agreed otherwise in a record. That default reinforces § 874.311(b) — the chapter applies broadly, and it takes a unanimous, recorded agreement to opt out of it.

Subdivision (b) fixes how this chapter fits alongside the rest of Title 10.5. It supplements those other provisions rather than replacing them wholesale, but wherever this chapter applies and conflicts with something else in the title, this chapter wins.

Frequently Asked Questions

Can cotenants avoid the Partition of Real Property Act's procedures?

Yes, if all the cotenants agree otherwise in a record.

What happens if this chapter conflicts with another provision of Title 10.5?

This chapter controls over the inconsistent provision, per § 874.313(b).

Does this chapter replace the rest of Title 10.5 entirely?

No, it supplements the other provisions of the title except where they're inconsistent with it.

Amendment History

Amended by Stats 2022 ch 82 (AB 2245),s 5, 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

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