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.
§ 873.960.Hearing; Court Determination
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 873.960 has the court examine the appraisal report and witnesses at a hearing, confirm the report and order the interests transferred if the proceedings were regular and a transfer would not be inequitable, condition that transfer on payment and any required security and expenses, and later enter judgment confirming the transfer once those conditions are met.
Full Text of § 873.960
Plain-English Summary
This section runs the appraisal process through to a conclusion in two stages. At the hearing on the § 873.950 motion, the court examines the report and any witnesses and asks three things: were the proceedings regularly conducted, can title to the interests regularly be transferred, and does anything make that transfer inequitable? If the answers line up, the court confirms the report and orders the interests transferred to the acquiring parties, in proportion to their respective interests or whatever other proportion the agreement sets out.
That order comes with strings attached — it's conditioned on payment of the fixed purchase price and any other amounts the agreement requires, on any required security being given, and on payment of the expenses of the appraisal procedure and the general costs of the partition, or an appropriate share of them.
The second stage checks whether those conditions were in fact met. On a later motion by a party to the agreement or the referee, made on at least ten days' notice to the parties who have appeared, the court determines whether the conditions have been fulfilled. If they have, it enters judgment confirming the transfer. If they haven't, the action proceeds to whatever further steps the court orders, or gets terminated.
Frequently Asked Questions
What does the court look at when confirming the appraisal report?
The report itself and any witnesses, at a hearing on the § 873.950 motion.
What three findings does the court need to make before confirming the report and ordering the transfer?
That the proceedings were regularly conducted, that title to the interests may regularly be transferred, and that no facts appear making the transfer inequitable.
What is the transfer order conditioned on?
Payment of the purchase price and other agreed amounts, any required security, and payment of the appraisal procedure's expenses and the partition's general costs.
What happens if those conditions aren't fulfilled?
The court, after any further proceedings it orders, terminates the action rather than entering judgment confirming the transfer.
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: confirmation hearing partition by appraisal californiajudgment confirming transfer partition appraisal