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§ 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

In one sentenceSection 873.930 lets any party to a partition-by-appraisal agreement move the court, on notice, to approve it, and requires the court to approve the agreement and stay any pending division or sale once it finds the agreement satisfies § 873.920 and its terms are equitable.

Full Text of § 873.930

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(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.

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.

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
Also known as: approval partition by appraisal agreement californiamotion to approve appraisal agreement partition