California Code of Civil Procedure 873.910 is the California partition statute that allows the court to order a partition by appraisal, but only when “the parties…agree” to such a remedy. The statute provides that:
When the interests of all parties are undisputed or have been adjudicated, the parties may agree upon a partition by appraisal pursuant to this chapter.
California Code of Civil Procedure 873.910
The Law Revision Comment from 1976 to California Code of Civil Procedure 873.910 explains that: “The purpose of this chapter is to provide an alternative method of partition for coowners who agree to use this method.” As a practical matter, few parties ask the court to oversee a partition by appraisal since, if they were willing to agree on the buyer and method of valuation as required by the partition by appraisal statutory scheme, judicial oversight would seemingly be unnecessary.
