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District of Columbia Statutes, Title 16

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Title 16, Particular Actions, Proceedings and Matters. [Enacted title]

43 chapters · 683 sections in this title.

All chapters in Title 16683 Ch 23, Family Division [Family Court] Proce…117 Ch 5, Attachment and Garnishment.66 Ch 46, Uniform Child-Custody Jurisdiction a…51 Ch 13, Eminent Domain.44 Ch 9, Divorce, Annulment, Separation, Supp…34 Ch 10, Proceedings Regarding Intrafamily Of…33 Ch 11, Ejectment and Other Real Property Ac…32 Ch 44, Arbitration; Revised Uniform Act.32 Ch 56, Uniform Family Law Arbitration Act.28 Ch 40, Collaborative Law; Uniform Act.22 Ch 3, Adoption.18 Ch 7, Criminal Proceedings in the Superior…15 Ch 35, Quo Warranto.14 Ch 8A, Third-Party Custody.13

12 sections·Filtered byTitle 16✕Ch 29✕

D.C. Code § 16-2901 Parties; accounting by tenant in common
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(a) The Superior Court of the District of Columbia may decree a partition of lands, tenements, or hereditaments on the complaint of a tenant in common, claiming by descent or purchase, or of a joint tenant; or when it appears that the property can not be divided without loss or i…
D.C. Code § 16-2931 Definitions
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(a) For the purposes of this subchapter, the term: (1) "Determination of value" means a court order: (A) Determining the fair market value of real property pursuant to § 16-2934 or § 16-2938; or (B) Adopting the valuation of real property agreed to by all cotenants. (2) "Partitio…
D.C. Code § 16-2932 Applicability
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(a) Real property shall be partitioned under this subchapter unless all the cotenants agree otherwise in a record. (b) This subchapter shall apply to partition actions filed on or after [February 23, 2023].
D.C. Code § 16-2933 Commencement; service; notice by posting
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(a)(1) A cotenant in a tenancy in common may initiate an action under this subchapter by filing a complaint and shall name all cotenants as defendants. (2) In addition to any persons required to be named as defendants pursuant to paragraph (1) of this subsection, the plaintiff ma…

D.C. Code § 16-2934 Determination of value

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(a) Except as otherwise provided in subsections (b) through (d) of this section, the court shall determine the fair market value of the real property by ordering an appraisal pursuant to subsection (e) of this section. (b) The court may accept a previously completed appraisal fil…

D.C. Code § 16-2935 Cotenant buyout

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(a) If any cotenant requested partition by sale, after the determination of value pursuant to § 16-2934, the court shall 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 par…

D.C. Code § 16-2936 Partition procedures

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(a)(1) If no cotenant requested partition by sale, or, if after completion of the procedures described in § 16-2935, 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 § 1…

D.C. Code § 16-2937 Considerations for partition in kind

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(a) In determining pursuant to § 16-2936(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following factors: (1) Whether the real property practicably can be divided among the cotenants; (2) Whether partition i…

D.C. Code § 16-2938 Open-market sale, sealed bids, or auction

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(a) If the court orders a sale of real 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)(1) If the court orders an open-…

D.C. Code § 16-2939 Report of open-market sale

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(a) A broker appointed pursuant to § 16-2938(b) to offer real property for open-market sale shall file a report with the court no later than 7 days after receiving an offer to purchase the real property for at least the value determined pursuant to § 16-2934 or § 16-2938. (b) The…

D.C. Code § 16-2940 Procedures following partition of real property

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(a)(1) If the court orders the partition of real property that is less than the full interest of a record or tax lot, the court shall order the Surveyor of the District of Columbia to create corresponding subdivisions or the Office of Tax and Revenue to create corresponding divis…

D.C. Code § 16-2941 Relation to Electronic Signatures in Global and National Commerce Act

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This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.) ("Act"), but shall not be construed to modify, limit, or supersede section 101(c) of the Act, or author…