Co-Ownership Archives

Right of Survivorship in California: How It Affects Co-Ownership and Partition Actions

The right of survivorship determines whether property skips probate—or sparks a legal dispute. In California, this powerful legal principle allows a surviving co-owner to automatically inherit the deceased owner’s share of real estate—but only if title is held in a very specific way. When survivorship rights are not clearly stated in the deed, the property … Read More

What to Do If a Majority Owner Refuses a Partition Action

When the majority owner refuses a partition action, you don’t have to stay trapped—California law is on your side. When co-owners of real estate don’t see eye to eye, disputes are inevitable—especially when one party wants to sell, but the majority owner(s) disagrees. Fortunately, California law provides a clear legal path forward for minority owners … Read More

Does the Federal Government Shutdown Impact Partition Actions?

With the federal government shutting down from time to time, many property owners are asking whether this will affect partition actions in California. Partition is the legal process that allows a co-owner to force the sale or division of real estate, so it’s understandable to worry about possible court delays. The good news is that … Read More

Co-Listing as a Solution to Settle Co-Owned Property Disputes

Many co-owners agree that their property should be sold, but end up deadlocked of whose Realtor should be the listing agent. A simple solution is to allow co-listing whereby two listings agents place the property on the market, thereby allowing each co-owner to have an agent they trust handling the sale of the property. This … Read More

Oral Agreement Cannot Prevent Joint Tenancy Severance in California

Within the law of California real estate co-ownership, among the most common myths in joint tenancy is that an oral agreement can establish prevent the joint tenancy from being severed. California law is clear: it cannot. The same is true for the creation of a joint tenancy. This issue is critical as many joint tenants … Read More

Selling Inherited Property: Do All Heirs Have to Agree?

Can you sell inherited property if the other heirs say no? Yes—you can. That answer surprises many California heirs. When multiple heirs inherit real estate in California, it’s not uncommon for disagreements to arise—especially when one heir wants to sell the property but others do not. Many co-owners assume that all heirs must unanimously agree … Read More

Is Waiver a Defense Under the Partition of Real Property Act?

The enactment of the Partition of Real Property Act has introduced an interesting legal question regarding whether a waiver of partition may be implied when tenants in common are subject to the Act. This issue is particularly relevant given that partition rights are generally considered absolute unless expressly waived by an enforceable agreement. The Partition … Read More

Forcing the Sale after the Death of a Co-Owner Without Probate

Californians with a deceased co-owner can force the sale of the property without going through probate by filing a partition action. In California, the court can proceed with the partition by joining the deceased co-owner’s representative or successor, or simply their estate if their is no representative. This ensures that the property can be sold … Read More

Why Oral Life Estates Are Not Legally Recognized in California

California law is clear: a life estate must be in writing to be legally enforceable. In California, real estate transactions conveying ownership interests must follow strict legal requirements, particularly when it comes to life estates. Some property owners mistakenly believe that someone can transfer a life estate through a verbal agreement, but this is not … Read More

Will Each Co-Owner be Required to Disclose Material Defects About the Property?

Each co-owner of real property in California is legally required to disclose any known material defects or issues that could affect the value or desirability of the property. This obligation to disclose is not only a legal requirement but also a matter of ethical responsibility to ensure transparency and fairness in real estate transactions. Similarly, … Read More