Notwithstanding any other provision of this title, the court shall order sale by such methods and upon such terms as are expressly agreed to in writing by all the parties to the action.
§ 873.600.Sale As Agreed to By Parties
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 2. Sales Procedures · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.600 requires the court to order the sale carried out by whatever methods and terms all the parties have expressly agreed to in writing, overriding this title's other default sale provisions.
Full Text of § 873.600
Plain-English Summary
This section lets the parties' own agreement take priority over the sale procedures the rest of this title sets by default. Notwithstanding any other provision of this title, the court must order sale by the methods and upon the terms the parties have expressly agreed to in writing.
That agreement has to be unanimous and in writing — a majority preference or an informal understanding isn't enough to displace the statutory default framework.
Where the parties reach that kind of agreement, it lets them tailor the sale process to their own situation rather than being bound by the court's default authority under § 873.610 to set the manner, terms, and conditions of sale.
Frequently Asked Questions
Can the parties agree on their own sale terms instead of following the statute's default rules?
Yes, and if all parties expressly agree in writing, the court must order the sale carried out that way.
Does a majority agreement suffice, or is unanimity required?
All parties must agree in writing — this section requires unanimous, written agreement.
What governs the sale if the parties don't reach that kind of agreement?
The court sets the manner, terms, and conditions of sale under § 873.610.
Amendment History
Added by Stats. 1976, Ch. 73.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: parties agree sale terms partition california