§ 874.317.Notice of Cotenant Requested Partition; Purchase Price

Title 10.5. Partition of Real and Personal Property · Chapter 10. Partition of Real Property Act · Enacted 2021 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 874.317 gives cotenants who did not request a sale a right of first refusal to buy out, at the value fixed under § 874.316, the interests of cotenants who did request one, through a notice, election, and payment sequence that decides whether the buyout succeeds before the case moves to partition in kind or a court sale.

Full Text of § 874.317

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) If any cotenant requested partition by sale, the court shall, after the determination of value under Section 874.316, send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale.

(b) Not later than 45 days after the notice is sent under subdivision (a), any cotenant except a cotenant that requested partition by sale may give notice to the court that it elects to buy all the interests of the cotenants that requested partition by sale.

(c) The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under Section 874.316 multiplied by the cotenant's fractional ownership of the entire parcel.

(d) After expiration of the period described in subdivision (b), the following rules apply:

(1) If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact.

(2) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant.

(3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under paragraphs

(a) and (b) of Section 874.318.

(e) If the court sends notice to the parties under paragraph (1) or (2) of subdivision (d), the court shall set a date, not sooner than 60 days after the date the notice was sent, by which electing cotenants shall pay their apportioned price into the court. After this date, the following rules apply:

(1) If all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them.

(2) If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under paragraphs (a) and (b) of Section 874.318 as if the interests of the cotenants that requested partition by sale were not purchased.

(3) If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court, on motion, shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest.

(f) Not later than 20 days after the court gives notice pursuant to paragraph (3) of subdivision (e), any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court. After the 20-day period, the following rules apply:

(1) If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall promptly issue an order reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons entitled to them.

(2) If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under paragraphs (a) and (b) of Section 874.318 as if the interests of the cotenants that requested partition by sale were not purchased.

(3) If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue promptly an order reallocating all of the cotenants' interests, disburse the amounts held by it to the persons entitled to them, and promptly refund any excess payment held by the court.

(g) Not later than 45 days after the court sends notice to the parties pursuant to subdivision (a), any cotenant entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action.

(h) If the court receives a timely request under subdivision (g), the court, after a hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to the following limitations:

(1) A sale authorized under this subdivision may occur only after the purchase prices for all interests subject to sale under subdivisions (a) to (f), inclusive, have been paid into court and those interests have been reallocated among the cotenants as provided in those subdivisions.

(2) The purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under Section 874.316.

End

Plain-English Summary

This section is the heart of the chapter's protection against a forced sale. Once the court fixes the property's value under § 874.316, and if any cotenant has requested partition by sale, the court sends notice that any other cotenant — anyone who didn't request the sale — may buy out all the interests of the cotenants who did.

Cotenants who want to buy have 45 days from that notice to elect to do so. The price for each selling cotenant's interest is the whole property's determined value multiplied by that cotenant's fractional ownership share. If only one cotenant elects to buy, the court notifies everyone of that fact. If more than one elects, the court allocates the right to buy among them based on each electing cotenant's own existing ownership share relative to the group of electing cotenants, and notifies everyone of the resulting prices. If nobody elects to buy, the case moves straight to the partition-in-kind analysis in § 874.318.

Once buyers are identified, the court sets a payment deadline of at least 60 days out. Pay in full on time, and the court reallocates the interests and disburses the funds. Nobody pays, and the case proceeds under § 874.318 as if no buyout had happened. If some electing cotenants pay and others don't, the remaining unpurchased interest gets offered to the cotenants who did pay, on a 20-day window, with the same allocate-if-multiple, revert-if-none logic playing out again.

A separate provision lets a cotenant who bought an interest this way also request, within 45 days of the original notice, court authorization to buy the interests of cotenants who were named as defendants, served, but never appeared. That additional sale can only happen after all the other purchases under this section have closed and their interests reallocated, and its price is likewise based on the § 874.316 valuation.

Frequently Asked Questions

What is the right of first refusal under § 874.317?

Once a cotenant requests partition by sale, any cotenant who didn't request the sale may elect, within 45 days, to buy out the selling cotenant's interest at the court-determined value.

How is the buyout price calculated?

The court-determined value of the entire property, multiplied by the fractional ownership share of the interest being bought.

What if more than one cotenant wants to buy the same interests?

The court allocates the right to buy proportionally, based on each electing cotenant's own existing fractional ownership relative to the other electing cotenants.

What happens if nobody elects to buy, or an electing cotenant doesn't pay on time?

The case proceeds to the partition-in-kind or sale analysis under § 874.318 as if the buyout hadn't happened.

Can a buying cotenant also acquire the interests of cotenants who were served but never appeared?

Yes, within limits, after the other purchases under this section have closed, under subdivisions (g) and (h).

Amendment History

Added by Stats 2021 ch 119 (AB 633),s 2, eff. 1/1/2022.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: right of first refusal partition heirs property californiabuyout cotenant partition sale californiacotenant purchase price partition real property act