Who is Responsible for Injuries on Jointly Owned Property?
Co-owners are generally liable for injuries on jointly owned property, whether or not they caused the problem. Here is how to protect yourself.
Can a Co-Owner Buy the Property in the Partition Action?
Yes. A co-owner can buy the other co-owners’ shares in a partition action, but the process follows specific state laws and court procedures.
Unclear Ownership Interests on Deeds with Multiple Co-Owners
Many deeds name three or more co-owners without saying how much each owns. That question becomes critical in a partition action. Here are the factors courts consider.
Joint Tenants vs Tenants in Common – What’s the Difference?
Both joint tenants and tenants in common share ownership of the same property, but their rights differ sharply, especially when an owner dies.
The Impact of an Unrecorded Deed in California Partition Actions
Recording a deed gives the public notice of ownership. An unrecorded deed creates uncertainty that can complicate a partition action.
Why Do Courts Allow Partition Actions?
California courts allow partition actions to resolve co-ownership disputes by dividing or selling the property, with each co-owner receiving their share.
Damages for Ouster in California Partition Actions
An ouster happens when one co-owner wrongfully excludes another from the property. The excluded co-owner can recover damages in a partition action.
“Fairness” is Not a Defense to Partition
A 1976 case suggested fairness could limit partition, but the Legislature that same year made partition a matter of right unless validly waived. California courts have since rejected the fairness defense.
What is a Notice of Ouster? (Civil Code § 843)
A notice of ouster is a written demand by a co-owner who is out of possession to share possession of the property. Civil Code section 843 sets what it must say.
What is Real Property?
Real property includes land, permanent improvements, and related rights. Learn how California law treats fixtures, ownership shares, and co-owner disputes.
