California Code of Civil Procedure 873.980 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 provisions of this chapter are cumulative and if, for default or other cause, interests are not transferred and acquired pursuant to this chapter, the parties may pursue their other rights of partition, subject to Section 873.970.
California Code of Civil Procedure 873.980
In other words, if an agreement for partition by appraisal falls through, the co-owners can pursue partition by sale. See Partition by Appraisal., 12 Witkin, Summary 11th Real Prop § 81 (2023)
Law Revision Commission Comments to California Code of Civil Procedure § 873.980
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.980 as follows:
Section 873.980 is new. It the proceeding aborts or is not carried out, the parties are not prejudiced as to their normal rights of partition except that an innocent party may elect to proceed under the agreement pursuant to Section 873.970.
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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 eight, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 450 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!
If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.
