The agreement shall be in writing filed with the clerk of court and shall include:
§ 873.920.Included In Agreement
Title 10.5. Partition of Real and Personal Property · Chapter 7. Partition by Appraisal · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.920 requires the parties' partition-by-appraisal agreement to be filed in writing with the court clerk and to describe the property, list each party's interest, name who is buying and who has consented to serve as referee, set the appraisal date, and include any other agreed terms.
Full Text of § 873.920
(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.
Plain-English Summary
Once parties decide to try partition by appraisal under § 873.910, this section tells them what their agreement has to say. It has to be in writing and filed with the clerk, and it must describe the property, name every party and each one's interest, and identify which parties are willing to acquire the others' interests.
The agreement also names the referee or referees the parties consent to have appointed, and sets the date or dates as of which the acquired interests will be appraised. Getting the referee named up front, and agreed to by the parties themselves, is part of what makes this route faster and less adversarial than a contested division or sale.
Subdivision (f) leaves plenty of room for the parties to customize the deal — an abandonment clause if the appraised value comes in above a stated ceiling, required deposits toward the purchase price, credit terms, how title objections get handled, and who pays the expenses of the appraisal process and the costs of the action.
Frequently Asked Questions
What must a partition-by-appraisal agreement include?
A description of the property, the parties' names and interests, which parties are willing to acquire the others' interests, the referee or referees the parties consent to, and the appraisal date or dates, along with any other agreed terms.
Does the agreement have to be filed with the court?
Yes. Section 873.920 requires it to be in writing and filed with the clerk of court.
Can the agreement let a party back out if the appraisal comes in high?
Yes. Subdivision (f) lets the parties include an abandonment provision tied to a stated appraised-value ceiling, among other customized terms.
Who picks the appraisal date?
The parties do, as part of the written agreement itself.
Amendment History
Added by Stats. 1976, Ch. 73.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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