Tenants in Common Archives

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

What Happens If Your Co-Owner Dies During a Partition Action?

Partition actions are already challenging, but the unexpected death of a co-owner introduces additional complexity. If this happens, your next steps depend on whether the deceased co-owner had an attorney, their ownership structure, and the status of the case. Here’s what to do, including how to handle situations where the co-owner was a trustee of … Read More

Joint Tenancy with a Parent: What Happens When the Parent Decides to Sever the Joint Tenancy?

In California, joint tenancy is a common way for parents and children to co-own property, often with the understanding that the property will automatically transfer to the surviving joint tenant, presumably the child, upon the death of the other, presumably the parent. However, joint tenancies can be severed, and this can cause significant issues when … Read More

What Happens When a Joint Tenant Transfers Their Interest? Understanding Joint Tenancy in California

Joint tenancy is a common form of property ownership in California that includes the right of survivorship, meaning when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s). However, what happens if one joint tenant decides to transfer their interest during their lifetime? This is a critical question that often arises … Read More

What is Tenancy in Common?

California recognizes different forms of property co-ownership, the most common and default of which is tenants in common. California Civil Code 682 recognizes “ownership of property by several persons” in these forms: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses. This article specifically focuses on tenants in common as the … Read More

TIC Agreements (Tenant-in-Common) in California

A TIC agreement, short for tenants in common agreement, is becoming a popular method for co-ownership in California, often converting a single property into a townhome with multiple units occupied by unrelated co-owners. Popular for decades in San Francisco, the Los Angeles Times recently reported that the trend has headed to LA where developers are … Read More

Unclear Ownership Interests on Deeds with Multiple Co-Owners

Many deeds convey an interest to three or more co-owners with no indication of the fractional ownership interest of each co-owner. These deeds raise the question of the relative co-ownership, creating complications when legal issues such as partition actions arise. There are several key factors to look at when a deed is unclear that help … Read More

Joint Tenants vs Tenants in Common – What’s the Difference?

When multiple people own a property, they typically hold title as either joint tenants or tenants in common. While both forms of co-ownership allow multiple parties to have an interest in the same real estate, their legal rights and what happens when an owner passes away differ significantly. Understanding these differences is crucial, especially when … Read More

Joint Tenancy in California

Joint Tenancy with Right of Survivorship A joint tenancy is a type of co-ownership in California wherein all parties own equal shares of a property. A property owned by joint tenants is “owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in … Read More