SECTIONS 873.910-873.980 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 873.910-873.980

873.910. 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.

873.920. The agreement shall be in writing filed with the clerk of
court and shall include:
(a) A description of the property.
(b) The names of the parties and their interests.
(c) The names of the parties who are willing to acquire the
interests.
(d) The name or names of a person or persons to whose appointment
as referee or referees the parties consent.
(e) The date or dates as of which the interests to be acquired are
to be appraised.
(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.

873.930. (a) Any party to the agreement may, upon noticed motion,
apply to the court for approval of the agreement.
(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.

873.940. 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.

873.950. 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.

873.960. 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.

873.970. 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.

873.980. 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.