In Johns v. Scobie, the California Supreme Court held that each co-owner has the right to occupy the whole property, and that a co-owner’s possession is presumed to be for everyone until the others get notice it has turned hostile.
No. An eviction won’t remove a co-owner, because each co-owner has an equal right to possess the entire property. A partition action is the way to end the co-ownership.
A 50% owner of California real estate has the right to force a sale through a partition action, occupy the entire property, and collect 50% of the net rental proceeds, among other rights.
Ouster happens when one co-owner wrongfully excludes another from property they own together, such as by changing the locks, denying the other owner’s title, or refusing them entry.
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