§ 873.930.Approval of 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
Full Text of § 873.930
Plain-English Summary
Filing the agreement with the clerk under § 873.920 doesn't make it effective on its own. Any party to the agreement has to bring a noticed motion asking the court to approve it.
The court's review has two parts: does the agreement comply with § 873.920's content requirements, and are its terms and conditions equitable? If both are satisfied, approval is mandatory, not discretionary — the court "shall" approve it.
Approval does more than bless the paperwork. It also stays any division or sale of the property that might already be underway in the action, so the appraisal process can proceed without the court simultaneously moving forward on the ordinary partition track.
Frequently Asked Questions
Who can ask the court to approve a partition-by-appraisal agreement?
Any party to the agreement, by noticed motion.
What does the court check before approving the agreement?
Whether it complies with § 873.920's requirements and whether its terms and conditions are equitable.
What happens to a pending sale or division once the court approves the agreement?
Section 873.930 requires the court to stay any pending division or sale of the property.
Amendment History
Added by Stats. 1976, Ch. 73.