Legal Question in Real Estate Law in California

Re: Partition action

Mr. Whipple has answered your first part question fully and competently.

As to case law, I cannot research for my pro bono work at "Law Guru", but, fortunately you can do it yourself through a law library. Go the the following website, and ask your question of a law librarian.http://www.247ref.org/portal/access_law3.cfm

Re: Partition action

Appraisals are not necessarily part of the partition process. There is a statutory provision for a special kind of partition called "partition by appraisal" at Code of Civil Procedure sections 873.910 to 873.980 which can be employed by agreement of the parties. This probably doesn't happen too often, but I'll assume you are in this particular special process in answering.

CCP section 873.920(e) states that the agreement to partition by appraisal shall include the date or dates as of which the interests to be acquired are to be appraised.

Therefore, I would conclude that if the parties are in a valid partition by appraisal action, they need only refer to their own agreement to determine the proper date as of which the value is to be appraised.

If the agreement is uncertain or silent on this important (and required) term, the judge may have to interpret it and supply a date based on his or her interpretation of the contract, or perhaps set it aside as defective.