California Code of Civil Procedure 873.970 is the California partition statute that addresses that the agreement between co-owners to proceed with a partition by appraisal is binding on third parties. The statute provides that:
The agreement binds the heirs, executors, administrators, successors, and assigns of the parties. In the event of default, the aggrieved parties may specifically enforce the agreement by further proceedings in the action or may pursue any other remedy they may have at law or in equity.
California Code of Civil Procedure 873.970
In other words, an agreement for partition by appraisal binds the parties and their successors and is specifically enforceable. See Partition by Appraisal., 12 Witkin, Summary 11th Real Prop § 81 (2023)
Law Revision Commission Comments to California Code of Civil Procedure § 873.970
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.970 as follows:
Section 873.970 is new. Subject to the provisions of this chapter, the agreement is binding. Even though the subject of the agreement may be personal property, the agreement is specifically enforceable if the innocent party elects this remedy.
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If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With twelve, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 600 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!
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