Are There Mandatory Mediation Timelines for California Property Disputes in 2026?
Yes, starting January 1, 2026, the California partition law 2026 reforms (AB 2038) introduce new mandatory mediation rules and timelines for property co-owners. These requirements are designed to encourage resolution before a court orders the division or sale of a property.
Key details regarding these timelines include:
- Effective Date: These rules apply to partition actions filed on or after January 1, 2026.
- The 90-Day Window: Mediation must be completed within 90 days of filing the partition action. This timeline can only be adjusted if the court grants an extension or if all parties mutually agree to a longer period.
- Prerequisite for Court Motions: Completing mediation is a mandatory prerequisite. If the timeline is not met, the court may dismiss the action or postpone any motions for partition by sale or partition by appraisal.
- Independence from Buyout Rights: While the Partition of Real Property Act allows for buyout rights and mandatory appraisals, exercising these rights does not exempt parties from the mediation timeline; both procedures must be navigated independently.
It is important to note that while this applies to all partition actions, the official 90-day clock is specifically triggered by court-ordered mediation.
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