Code of Civil Procedure 873.920 CCP – Agreement; Contents (Partition by Appraisal)
Helen Saulnier
2 min read
California Code of Civil Treatment 873.920 is the California partition statute that specifies what is needed for the way of partition known as a partition by appraisal. The statute presents that:
The agreement shall be in producing filed with the clerk of court and shall consist of:
(a) A description of the residence.
(b) The names of the events and their passions.
(c) The names of the parties who are eager to receive the passions.
(d) The name or names of a person or people to whose appointment as referee or referees the get-togethers consent.
(e) The day or dates as of which the interests to be obtained are to be appraised.
(f) Other phrases mutually agreed on which may well include, but are not constrained to, provisions relating to abandonment of the action if the appraised price of the fascination to be acquired exceeds a stated amount of money, essential deposits on account of order price tag, phrases of any credit history, title and objections to title, and payment of the expenditures of the treatment authorized by this chapter and of prices of the motion.
The Regulation Revision Comment from 1976 on this statute states that: “It establishes the framework for the agreement of the functions without the need of, nevertheless, providing a fixed kind of agreement.” In other phrases, this statute presents a encouraged checklist of factors to include things like in a partition by appraisal arrangement. Note that these requirements are in addition to the affliction that “parties may concur on a partition by appraisal.” As a realistic issue, a partition by appraisal is quite unheard of exterior of the Partition of Real Property Act simply because judicial oversight would not be required if the parties agreed to a sale in the initial position.
Speak to an Skilled Partition Legal professional in California
If you want to conclude your co-possession relationship, but your co-operator will not concur, a partition action is your only alternative. Our seasoned partition lawyers have many years of experience ending co-ownership disputes and can aid you unlock the fairness in your home. For a free, 15 minute consultation with an experienced partition legal professional at Talkov Regulation, contact (844) 4-TALKOV (825568) or fill out a make contact with type on line.
