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.
§ 873.980.Other Rights and Remedies
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 873.980 makes Chapter 7's partition-by-appraisal remedy cumulative, so that if interests aren't ultimately transferred and acquired under this chapter because of default or some other cause, the parties may still pursue whatever other partition rights they have, subject to the enforcement and remedy provisions of § 873.970.
Full Text of § 873.980
Plain-English Summary
This closing section makes clear that trying partition by appraisal isn't an all-or-nothing gamble. The remedies this chapter provides are cumulative — they add to, rather than replace, the parties' other partition rights.
If the appraisal process doesn't reach completion, whether from a default or some other cause, the parties aren't stuck. They can still pursue their other rights of partition, the ordinary division and sale remedies covered elsewhere in this title. That fallback is subject to § 873.970, which lets an aggrieved party seek specific enforcement of the agreement itself before, or instead of, falling back on those other rights.
Frequently Asked Questions
Does choosing partition by appraisal mean giving up other partition remedies?
No. Section 873.980 makes this chapter's remedy cumulative with the parties' other partition rights.
What happens if the appraisal-based buyout falls through?
The parties may pursue their other rights of partition, subject to § 873.970's enforcement and remedy provisions.
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: partition by appraisal cumulative remedy californiafallback partition rights after failed appraisal agreement