§ 874.210.Binding and Conclusive

Title 10.5. Partition of Real and Personal Property · Chapter 9. Judgment · Last amended 1984 · Last verified July 28, 2026

In one sentenceSection 874.210 makes the partition judgment binding and conclusive on all parties to the action, on unascertainable holders of remainder interests if the court protects those interests, and, except as § 874.225 provides otherwise, on nonparties whose unrecorded property interest existed when the lis pendens (or, absent one, the judgment) was recorded.

Full Text of § 874.210

Text sizeJump to: (a) (b) (c)

The judgment in the action is binding and conclusive on all of the following:

(a) All persons known and unknown who were parties to the action and who have or claim any interest in the property, whether present or future, vested or contingent, legal or beneficial, several or undivided.

(b) All persons not in being or not ascertainable at the time the judgment is entered who have any remainder interest in the property, or any part thereof, after the determination of a particular estate therein and who by any contingency may be entitled to a beneficial interest in the property, provided the judge shall make appropriate provision for the protection of such interests.

(c) Except as provided in Section 874.225, all persons who were not parties to the action and who have or claim any interest in the property which was not of record at the time the lis pendens was filed, or if none was filed, at the time the judgment was recorded.

Plain-English Summary

A partition judgment settles title, and this section defines just how far that settlement reaches. Subdivision (a) covers the parties themselves — everyone, known or unknown, who was a party to the action and has or claims any interest in the property, present or future, vested or contingent, legal or beneficial, several or undivided.

Subdivision (b) reaches further, to people who weren't even ascertainable when the judgment was entered — those with a remainder interest that might vest later, after a particular estate ends. They're bound too, but only if the judge made appropriate provision to protect their interests along the way.

Subdivision (c) extends the judgment's reach to nonparties who have or claim an interest that wasn't of record when the lis pendens under § 872.250 was filed, or, if none was filed, when the judgment was recorded. That reach isn't absolute — § 874.225 carves out specific protections for nonparties whose claims meet certain conditions.

Frequently Asked Questions

Who is bound by a partition judgment?

Every party to the action with any interest in the property, unascertainable remainder-interest holders whose interests the judge protected, and nonparties whose unrecorded interest didn't meet § 874.225's protections.

Can a partition judgment bind someone who wasn't even a party?

Yes, if that person's interest wasn't of record when the lis pendens (or, if none was filed, the judgment) was recorded, unless § 874.225 protects the claim.

What protects a remainder-interest holder who isn't yet identifiable?

The judge must make appropriate provision for protecting that interest before the judgment can bind that person.

Amendment History

Amended by Stats. 1984, Ch. 20, Sec. 5.

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: who is bound by partition judgment californiabinding effect partition judgment