323.325.3389

Contact Us Today

Search
logo
mobile logo

California Code of Civil Procedure Section 874.316

ANAND LAW PC > California Code of Civil Procedure Section 874.316

California Code, Cal. Code Civ. Proc. – CCP

 

§ 874.316

 

Section 874.316 – Fair market value of property

  1. Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of
    the property by ordering an appraisal pursuant to subdivision (d).
  2. If all cotenants have agreed to the value of the property or to another method of valuation, the court shall
    adopt that value or the value produced by the agreed method of valuation.
  3. If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal,
    the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice
    to the parties of the value.
  4. If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in
    the State of California to determine the fair market value of the property assuming sole ownership of the fee
    simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the
    court.
  5. If an appraisal is conducted pursuant to subdivision (d), not later than 10 days after the appraisal is filed,
    the court shall send notice to each party with a known address, stating all of the following:

    1. The appraised fair market value of the property.
    2. That the appraisal is available at the court clerk’s office.
    3. That a party may file with the court an objection to the appraisal not later than 30 days after the notice
      is sent, stating the grounds for the objection.
  6. If an appraisal is filed with the court pursuant to subdivision (d), the court shall conduct a hearing to
    determine the fair market value of the property not sooner than 30 days after a copy of the notice of the
    appraisal is sent to each party under subdivision (e), whether or not an objection to the appraisal is filed
    under paragraph (3) of subdivision (e). In addition to the court-ordered appraisal, the court may consider any
    other evidence of value offered by a party.
  7. After a hearing under subdivision (f), but before considering the merits of the partition action, the court
    shall determine the fair market value of the property and send notice to the parties of the value.
    Ca. Civ. Proc. Code § 874.316

Amended by Stats 2022 ch 82 (AB 2245),s 7, eff. 1/1/2023. Added by Stats 2021 ch 119 (AB 633),s 2, eff. 1/1/2022.

See more:

a   Partition Referee & Mediation

a   What is a Partition Referee?

a   Distribution of Proceeds from a Partition Sale: Expenses, Costs, Fees, Liens…and Adjustments Based on Equitable Considerations

a  An Overview of Quiet Title and Partition 

Partition Referee Los Angeles, Orange, San Diego, Santa Barbara, Ventura, Riverside, San Bernardino
Partition Referee Los Angeles, Orange Riverside, San Bernardino, Santa Barbara, San Diego

ANAND LAW is composed of attorneys, business/financial strategists, and real estate brokers.   We act as a court appointed Partition Referee throughout California, including in the cities and areas of Los Angeles, Pasadena, Arcadia, Burbank, La Canada Flintridge, Covina, West Covina, Downey, Santa Monica, Glendale, Eagle Rock, Hollywood, Atwater Village, Echo Park, Glassell Park, Loz Feliz, Silverlake, Highland Park, Boyle Heights, Hancock Park, Cheviot Hills, Koreatown, Miracle Mile, Mid City, Venice, Van Nuys, Encino, Studio City, Sherman Oaks, Panorama City, North Hills, West Hills, Thousand Oaks, Calabasas, Granada Hills, Long Beach, Glendora, Anaheim, Inglewood, Santa Ana, Beverly Hills, Pomona, Marina Del Rey, Playa Del Rey, Mar Vista, Culver City, Cheviot Hills, Holmby Hills, Westchester, El Segundo, Hermosa Beach, Redondo Beach, Manhattan Beach, Huntington Beach, Orange, Irvine, Costa Mesa, Newport Beach, Moorpark, Fresno, Stockton, San Francisco, Berkeley, and communities throughout Los Angeles, Orange, Santa Barbara, Riverside, San Bernardino, San Luis Obispo, San Diego, Ventura, San Francisco, Alameda, and Mendocino Counties.  Proud member of the California Receivers Forum.

The information on this site is provided for informational purposes only and does not constitute legal advice. The information contained is not intended to be a complete recitation of the law, and is provided only as general information in an area—it may not contain all nuances of the law, and is not guaranteed to be correct or complete.  ANAND LAW PC (“ALPC”) expressly disclaims all liability in respect to actions taken or not taken based on the information contained in the FAQ.

We invite you to contact us for more information by calling 323-325-3389, or submitting our contact form here. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established by a signed legal services agreement. Unless and until you and ALPC formally establish an attorney-client relationship, ALPC does not represent you in any manner, and has no duty to you.  Further, any email or other correspondence sent prior to a formal relationship being established, and without request from ALPC, will not be privileged or confidential, and subject to disclosure to other parties. Please review our complete Terms of Use.