California Code of Civil Procedure 873.960 is the California partition statute that addresses the confirmation of the report the partition referee upon transfer of the property in a partition by appraisal. The statute provides that:
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.
California Code of Civil Procedure 873.960
Miller and Starr noted that “when appropriate, the court may confirm the report and determine the basis on which the cotenants can purchase the other interests in the property.” Right of partition—Partition by a sale of the property, 4 Cal. Real Est. § 11:17 (4th ed.)
Law Revision Commission Comments to California Code of Civil Procedure § 873.960
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.960 as follows:
Section 873.960 is new. It vests the court with equitable power to refuse to permit consummation of the transaction where it would be inequitable. The parties contract in the light of this power of the court.
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