Possession & Co-ownership Archives

What Happens if One Co-owner Wants to Live in the Property?

When one co-owner wants to live in a property and the other does not, a partition action is the ultimate legal solution to resolve disputes over possession, expenses, and fairness. In California, uncooperative co-owners generally have equal rights to occupy the entire property, but that doesn’t mean one can live there without consequences. Equal Right … Read More

Sibling Rivalries and Co-Ownership Partition Actions: When Family Heirlooms Become Legal Disputes

When siblings inherit a house together, the property is often more than a set of walls and a roof. It is the last place everyone remembers Mom cooking holidays, the hallway where Dad used to stand telling stories, and the backyard where the older brother taught the younger brother how to throw a ball. But … Read More

When a Co-Owner in Possession Refuses to Cooperate in California

One of the most common reasons a co-owner refuses to cooperate with a sale is simple: they are already getting what they want. If your co-owner is living in the property, they may have little incentive to sell or buy you out. In fact, they may actively delay, obstruct, or ignore your requests in hopes … Read More

Inheriting a House with an Uncooperative Family Member

Inheriting a home can feel like a blessing, but it often turns into a nightmare when one family member refuses to cooperate. A common problem occurs when a sibling or relative moves into the inherited home, refuses to sell, and doesn’t contribute to property expenses. Meanwhile, the other heirs are left paying taxes, insurance, and … Read More

Buying and Selling Fractional Interests in Real Estate: Immediate Cash or Full Value?

Fractional ownership in real estate can be both an opportunity and a challenge. Whether you inherited a 50% interest in a property or co-own it with a former romantic partner, disputes or differing goals among co-owners often make it difficult to decide the best path forward. While the ideal solution to unlock the full value … Read More

Overestimation of Contribution Bias in Co-ownership

Co-owning property with someone else can feel like a partnership—until it’s time to divide what’s yours. Disputes often arise because people tend to believe they contributed more than their fair share. This isn’t always intentional. It’s often due to something called overestimation of contribution bias, a common psychological tendency where people remember their own efforts … Read More

Selling Inherited Co-Owned Property to Move Out of California

For those who inherit co-owned homes in California, the decision to keep or sell the property is increasingly influenced by the financial benefits of relocating to less expensive areas. In the past few years, Californians have been relocating to states where their money stretches further, thereby improving the quality of life. This article delves into … Read More

Quiet Title and Partition Actions for Co-Ownership Disputes

What is a Quiet Title Action Alleging Co-Ownership? Quiet Title in California is under the authority of the California Code of Civil Procedure §760.010 – §764.010. Quiet title actions are one of the most common types of real estate litigation. A quiet title action (also known as action of quiet title) is a lawsuit filed … Read More

How to Sell Property After Co-owner’s Death

When real property is held by a co-owner who has passed away, California law allowed the remaining co-owners to sell property by filing a partition action. This means that co-owners do not need to wait for a probate action to be filed or wait to find out who will be the successor trustee of the … Read More

Why is a Partition Action Needed?

A partition is often necessary because joint property ownership can swiftly transform from harmonious cohabitation to contentious disputes. Whether it’s the dissolution of a romantic partnership, irreconcilable differences in investment strategies, or disagreements over property usage, many co-owners find themselves looking for ways to end their co-ownership of real property. In such scenarios, where one … Read More