reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 874.210 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 9 - Judgment|Section 874.210.

874.210.  The judgment in the action is binding and conclusive on all of the following:(a) All persons known and unknown who were parties to the action and who have or claim any interest in the property, whether present or future, vested or contingent, legal or beneficial, several or undivided.(b) All persons not in being or not ascertainable at the time the judgment is entered who have any remainder interest in the property, or any part thereof, after the determination of a particular estate therein and who by any contingency may be entitled to a beneficial interest in the property, provided the judge shall make appropriate provision for the protection of such interests.(c) Except as provided in Section 874.225, all persons who were not parties to the action and who have or claim any interest in the property which was not of record at the time the lis pendens was filed, or if none was filed, at the time the judgment was recorded.(Amended by Stats. 1984, Ch. 20, Sec. 5.)
CA Civ Pro Code § 874.225 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 9 - Judgment|Section 874.225.

874.225.  Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions is satisfied:(a) The claim was of record at the time the lis pendens was filed or, if none was filed, at the time the judgment was recorded.(b) The claim was actually known to the plaintiff or would have been reasonably apparent from an inspection of the property at the time the lis pendens was filed or, if none was filed, at the time the judgment was entered. For the purpose of this subdivision, a “claim in the property or part thereof” of any person means the interest of the person in the portion of the property or proceeds of sale thereof allocated to the plaintiff. Nothing in this subdivision shall be construed to impair the rights of a bona fide purchaser or encumbrancer for value dealing with the plaintiff or the plaintiff’s successors in interest.(Added by Stats. 1984, Ch. 20, Sec. 7.)
CA Civ Pro Code § 874.240 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 9 - Judgment|Section 874.240.

874.240.  A conveyance or transfer pursuant to Sections 873.750 and 873.790 or Section 873.960 is binding and conclusive, in the same manner as a judgment.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.311 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.311.

874.311.  This act shall be known, and may be cited, as the Uniform Partition of Heirs Property Act.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.312 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.312.

874.312.  For purposes of this chapter, the following definitions apply:(a) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.(b) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual’s ascendant or descendant.(c) “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual.(d) “Determination of value” means a court order determining the fair market value of heirs property under Section 874.316 or 874.320 or adopting the valuation of the property agreed to by all cotenants.(e) “Heirs property” means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:(1) There is no agreement in a record binding all the cotenants which governs the partition of the property.(2) One or more of the cotenants acquired title from a relative, whether living or deceased.(3) Any of the following applies:(A) Twenty percent or more of the interests are held by cotenants who are relatives.(B) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased.(C) Twenty percent or more of the cotenants are relatives.(f) “Partition by sale” means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under Section 874.320.(g) “Partition in kind” means the division of heirs property into physically distinct and separately titled parcels.(h) “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.(i) “Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or state law other than this chapter.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.313 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.313.

874.313.  (a) This act applies to partition actions filed on or after January 1, 2022.(b) In an action to partition real property under this title, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.(c) 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.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.314 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.314.

874.314.  (a) This act does not limit or affect the method by which service of a complaint in a partition action may be made.(b) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court’s determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.315 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.315.

874.315.  If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be disinterested and impartial and not a party to or a participant in the action.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.316 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.316.

874.316.  (a) Except as otherwise provided in subdivisions (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subdivision (d).(b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.(c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.(d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.(e) If an appraisal is conducted pursuant to subdivision (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating all of the following:(1) The appraised fair market value of the property.(2) That the appraisal is available at the court clerk’s office.(3) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.(f) If an appraisal is filed with the court pursuant to subdivision (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subdivision (e), whether or not an objection to the appraisal is filed under paragraph (3) of subdivision (e). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.(g) After a hearing under subdivision (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.318 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.318.

874.318.  (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.317, or if after conclusion of the buyout under Section 874.317 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Section 874.319, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.(b) If the court does not order partition in kind under subdivision (a), the court shall order partition by sale pursuant to Section 874.320 or, if no cotenant requested partition by sale, the court shall dismiss the action.(c) If the court orders partition in kind pursuant to subdivision (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out, a part of the property representing the combined interests of these cotenants as determined by the court.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.319 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.319.

874.319.  (a) In determining whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:(1) Whether the heirs property practicably can be divided among the cotenants.(2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur.(3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other.(4) A cotenant’s sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant.(5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property.(6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property.(7) Any other relevant factor.(b) The court shall not consider any one factor in subdivision (a) to be dispositive without weighing the totality of all relevant factors and circumstances.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.320 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.320.

874.320.  (a) If the court orders a sale of heirs property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.(b) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in the State of California to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in the State of California to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.(c) If the broker appointed under subdivision (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value, the following requirements apply:(1) The broker shall comply with the reporting requirements in Section 874.321.(2) The sale shall be completed in accordance with state law.(d) If the broker appointed under subdivision (b) does not obtain an offer to purchase the property for at least the determination of value within a reasonable time, the court, after a hearing, may do any of the following:(1) Approve the highest outstanding offer, if any.(2) Redetermine the value of the property and order that the property continue to be offered for an additional time.(3) Order that the property be sold by sealed bids or at an auction.(e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction shall be conducted under Chapter 6 (commencing with Section 873.510).(f) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.321 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.321.

874.321.  (a) A broker appointed to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under Section 874.316 or 874.320.(b) The report required by subdivision (a) shall contain the following information:(1) A description of the property to be sold to each buyer.(2) The name of each buyer.(3) The proposed purchase price.(4) The terms and conditions of the proposed sale, including the terms of any owner financing.(5) The amounts to be paid to lienholders.(6) A statement of contractual or other arrangements or conditions of the broker’s commission.(7) Other material facts relevant to the sale.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.321.5 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.321.5.

874.321.5.  In an action for partition of heirs property, the court may apportion the costs of partition, including an appraisal fee, pursuant to Section 874.040, except that the court shall not apportion the costs of partition to any party that opposes the partition unless doing so is equitable and consistent with the purposes of this chapter.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.322 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.322.

874.322.  In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 874.323 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 10 - Uniform Partition of Heirs Property Act|Section 874.323.

874.323.  This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).(Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
CA Civ Pro Code § 875 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 11 - CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS|CHAPTER 1 - Releases From and Contribution Among Joint Tortfeasors|Section 875.

875.  (a) Where a money judgment has been rendered jointly against two or more defendants in a tort action there shall be a right of contribution among them as hereinafter provided.(b) Such right of contribution shall be administered in accordance with the principles of equity.(c) Such right of contribution may be enforced only after one tortfeasor has, by payment, discharged the joint judgment or has paid more than his pro rata share thereof. It shall be limited to the excess so paid over the pro rata share of the person so paying and in no event shall any tortfeasor be compelled to make contribution beyond his own pro rata share of the entire judgment.(d) There shall be no right of contribution in favor of any tortfeasor who has intentionally injured the injured person.(e) A liability insurer who by payment has discharged the liability of a tortfeasor judgment debtor shall be subrogated to his right of contribution.(f) This title shall not impair any right of indemnity under existing law, and where one tortfeasor judgment debtor is entitled to indemnity from another there shall be no right of contribution between them.(g) This title shall not impair the right of a plaintiff to satisfy a judgment in full as against any tortfeasor judgment debtor.(Added by Stats. 1957, Ch. 1700.)
CA Civ Pro Code § 876 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 11 - CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS|CHAPTER 1 - Releases From and Contribution Among Joint Tortfeasors|Section 876.

876.  (a) The pro rata share of each tortfeasor judgment debtor shall be determined by dividing the entire judgment equally among all of them.(b) Where one or more persons are held liable solely for the tort of one of them or of another, as in the case of the liability of a master for the tort of his servant, they shall contribute a single pro rata share, as to which there may be indemnity between them.(Added by Stats. 1957, Ch. 1700.)
CA Civ Pro Code § 877 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 11 - CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS|CHAPTER 1 - Releases From and Contribution Among Joint Tortfeasors|Section 877.

877.  Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect:(a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the dismissal or the covenant, or in the amount of the consideration paid for it, whichever is the greater.(b) It shall discharge the party to whom it is given from all liability for any contribution to any other parties.(c) This section shall not apply to co-obligors who have expressly agreed in writing to an apportionment of liability for losses or claims among themselves.(d) This section shall not apply to a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment given to a co-obligor on an alleged contract debt where the contract was made prior to January 1, 1988.(Amended by Stats. 2011, Ch. 296, Sec. 39. (AB 1023) Effective January 1, 2012.)