Partition of Property by Appraisal

Part 2, Title 10.5, Chapter 7 of the Code of Civil Procedure deals with partitioning real or personal property by appraisal.

Section 873.910 allows the parties, when the interests of all parties are undisputed or have been adjudicated, to agree upon a partition by appraisal pursuant to this chapter.

Section 873.920 requires the agreement to be in writing, filed with the court clerk, and include six specified items of information.

Section 873.930 provides that any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement. If the court determines that the agreement complies with the law and that the terms and conditions are equitable, the court is required to approve the agreement and stay any pending division or sale of the property.

Section 873.940 requires the court to appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee is required to report the valuations and other findings to the court in writing filed with the clerk.

Section 873.950 states that 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.

Section 873.960 requires the court to 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, the court is required to confirm the report and order the interests transferred to the acquiring parties in proportion to their respective interests.

Section 873.970 specifies that the agreement binds the heirs, executors, administrators, successors, and assigns of the parties.

Section 873.980 states that 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.