The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall report the valuations and other findings to the court in writing filed with the clerk.
§ 873.940.Appointment of Referee Or Referees to Appraise Property; Report
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 873.940 directs the court to appoint one referee, or three if the agreement calls for it, to appraise the property and the parties' interests, and requires the referee to file a written report of the valuations and other findings with the court clerk.
Full Text of § 873.940
Plain-English Summary
Once the court approves the agreement under § 873.930, the appraisal itself has to be carried out by a neutral third party. This section has the court appoint one referee to do that job — or three, if the parties' agreement specified three under § 873.920(d).
The referee's job is narrow but essential: appraise the property and the interests involved, then put the valuations and other findings in writing and file that report with the clerk. That report becomes the basis for the next steps, starting with the motion procedure in § 873.950.
Frequently Asked Questions
How many referees appraise the property under this chapter?
One, unless the parties' agreement called for three under § 873.920(d).
What is the referee required to do with the appraisal findings?
File a written report of the valuations and other findings with the clerk of court.
What happens after the referee files the report?
Any party to the agreement, or the referee, may move to confirm, modify, or set it aside under § 873.950.
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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