In Wood v. Henley, the California Court of Appeal held that a co-owner’s family could not take an absent owner’s half interest in Ventura County land by living on it, improving it, and paying taxes, because possession by one co-owner is possession for all.
California Civil Code section 685 defines an interest in common, or tenancy in common: property owned by several persons, not in joint ownership or partnership. Every tenant in common can use the whole property and can partition as of right.
California Civil Code section 682 lists the four ways several people can own property together: joint tenancy, partnership, tenancy in common, and community property. Joint tenants and tenants in common can partition as of right.
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