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.
§ 873.970.Binding Effect of Agreement; Specific Enforcement Upon Default
Title 10.5. Partition of Real and Personal Property · Chapter 7. Partition by Appraisal · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.970 makes the partition-by-appraisal agreement binding on the parties' heirs, executors, administrators, successors, and assigns, and lets an aggrieved party specifically enforce the agreement through further proceedings in the action, or pursue any other remedy available at law or in equity, if another party defaults.
Full Text of § 873.970
Plain-English Summary
A partition-by-appraisal agreement doesn't expire just because one of the original parties dies or transfers an interest. Section 873.970 carries the agreement forward to bind heirs, executors, administrators, successors, and assigns, the same way any binding contract affecting property ordinarily would.
The section also answers the practical question of what happens if someone doesn't follow through. An aggrieved party isn't limited to a single remedy — specific enforcement through further proceedings in the same action is available, but so is any other remedy the party might have at law or in equity outside that action.
Frequently Asked Questions
Who is bound by a partition-by-appraisal agreement besides the original parties?
Their heirs, executors, administrators, successors, and assigns.
What can a party do if another party defaults on the agreement?
Seek specific enforcement through further proceedings in the action, or pursue any other legal or equitable remedy available.
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: enforce partition by appraisal agreement californiadefault partition appraisal agreement remedy