When the interests of all parties are undisputed or have been adjudicated, the parties may agree upon a partition by appraisal pursuant to this chapter.
Partition of Real and Personal PropertyPartition by Appraisal
Section § 873.910
If everyone involved in a property dispute is in agreement or a judge has already made a decision, they can choose to divide the property using a method called partition by appraisal.
partition by appraisal property dispute resolution undisputed interests
Section § 873.920
This section describes the requirements for an agreement related to acquiring property interests, which must be in writing and filed with the court clerk. It needs to include details like a property description, the involved parties and their interests, those interested in acquiring these interests, and any agreed-upon referee for appraisals. The agreement should also specify appraisal dates and any other terms agreed upon by the parties, such as what happens if certain financial conditions are met or exceeded, deposits, credit terms, and who covers the costs of the procedure and legal action.
The agreement shall be in writing filed with the clerk of court and shall include:
(a)CA Civil Procedure Code § 873.920(a) A description of the property.
(b)CA Civil Procedure Code § 873.920(b) The names of the parties and their interests.
(c)CA Civil Procedure Code § 873.920(c) The names of the parties who are willing to acquire the interests.
(d)CA Civil Procedure Code § 873.920(d) The name or names of a person or persons to whose appointment as referee or referees the parties consent.
(e)CA Civil Procedure Code § 873.920(e) The date or dates as of which the interests to be acquired are to be appraised.
(f)CA Civil Procedure Code § 873.920(f) Other terms mutually agreed upon which may include, but are not limited to, provisions relating to abandonment of the action if the appraised value of the interest to be acquired exceeds a stated amount, required deposits on account of purchase price, terms of any credit, title and objections to title, and payment of the expenses of the procedure authorized by this chapter and of costs of the action.
property acquisition written agreement clerk of court
Section § 873.930
If you’re part of an agreement involving property, you can ask the court to approve it by notifying everyone involved. If the court finds that the agreement is fair and meets certain rules, it will approve it and pause any ongoing efforts to divide or sell the property.
(a)CA Civil Procedure Code § 873.930(a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement.
(b)CA Civil Procedure Code § 873.930(b) If the court determines that the agreement complies with Section 873.920 and that the terms and conditions are equitable, it shall approve the agreement and stay any pending division or sale of the property.
property agreement court approval noticed motion
Section § 873.940
This law section states that a court needs to appoint a referee, or three referees if stated in an agreement, to determine the value of a property and any interests involved. The referee(s) must then provide a written report with these valuations to the court clerk.
The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall report the valuations and other findings to the court in writing filed with the clerk.
referee appointment property appraisal valuation reporting
Section § 873.950
This law allows any party involved in an agreement or the referee to request a court decision to either approve, change, or reject a referee's report. They must provide at least 10 days' notice to the referee (if they're not the one making the request) and to other parties involved.
Any party to the agreement or the referee, upon 10 days’ notice to the referee if the referee is not the moving party and to the other parties to the agreement, may move the court to confirm, modify, or set aside the report.
referee's report court decision modify report
Section § 873.960
This law outlines the process that happens at a court hearing about property transfers. The court will review a report and hear witnesses to see if everything was done correctly. If so, the court will approve the transfer of property shares according to each person's interest or any special agreement. For the transfer to be finalized, parties must pay set amounts, provide any needed security, and cover various expenses. If these conditions are met, the court will officially confirm the transfer. If not, the process could be stopped or need further action.
At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, that transfer of title to the interests may regularly be made, and that no facts appear which would make such transfer inequitable, it shall confirm the report and order the interests transferred to the acquiring parties in proportion to their respective interests, or in such other proportion as is set out in the agreement. The order shall be conditioned upon payment of the amounts fixed as the purchase price and any other amounts required by the agreement, the giving of any required security, and payment by the parties of the
expenses of the procedure authorized by this chapter and of the general costs of the partition or an appropriate share thereof. Thereafter the court, upon motion of a party to the agreement or of the referee, made upon not less than 10 days’ notice to the parties who have appeared, shall determine whether the conditions have been fulfilled and, if so, shall enter judgment confirming the transfer; otherwise, upon such further proceedings as may be ordered, the action or proceeding shall be ordered terminated.
property transfer court hearing title transfer
Section § 873.970
This section states that if parties make an agreement, it applies not just to them but also to their heirs and anyone who takes over their legal responsibilities. If someone doesn't follow through on the agreement, the affected parties can push for the agreement to be enforced through legal action or explore other legal options available.
The agreement binds the heirs, executors, administrators, successors, and assigns of the parties. In the event of default, the aggrieved parties may specifically enforce the agreement by further proceedings in the action or may pursue any other remedy they may have at law or in equity.
agreement enforcement heirs executors
Section § 873.980
This law says that the rules in this chapter add to other legal rights, meaning if people can't divide or transfer property as planned here, they can still use other partition rights. However, they must follow the rules in Section 873.970 when doing so.
The provisions of this chapter are cumulative and if, for default or other cause, interests are not transferred and acquired pursuant to this chapter, the parties may pursue their other rights of partition, subject to Section 873.970.
cumulative provisions partition rights interests transfer
