California Code of Civil Procedure 873.930 is the California partition statute that allows parties to submit an agreement to the court and gives the court authority to approve that agreement in a partition by appraisal:
(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.California Code of Civil Procedure 873.930
The 1976 Law Revision Comment on this statute states that: “The court, as a court of equity, may exercise a sound discretion in approving or refusing to approve a particular agreement.” While all parties must agree to the partition by appraisal, the court must also approve the agreement.
Contact an Experienced Partition Attorney in California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!