California Code of Civil Procedure 873.910 is the California partition statute that allows the court to order a manner of partition known as a partition by appraisal, but only when “the parties…agree” to such a remedy. The statute provides that:
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.California Code of Civil Procedure 873.910
The Law Revision Comment from 1976 to California Code of Civil Procedure 873.910 explains that: “The purpose of this chapter is to provide an alternative method of partition for coowners who agree to use this method.” Miller & Starr explains plainly that: “Partition by appraisal requires agreement of the parties to that method.” Right of partition—Procedure in partition action, 4 Cal. Real Est. (4th ed.) § 11:15. Miller & Starr cites the 2017 Court of Appeal ruling in Cummings v. Dessel (2017) 13 Cal.App.5th 589, 601, explaining the “limitation that partition by appraisal may occur only where the parties have agreed in writing.”
As a practical matter, few parties ask the court to oversee a partition by appraisal since, if they were willing to agree on the buyer and method of valuation as required by the partition by appraisal statutory scheme, judicial oversight would seemingly be unnecessary.
Talkov Law's Partition Attorneys Can Help
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!