Often not, and the mortgage is usually the reason. When the co-owner who wants out is on the loan, a co-owner buyout generally means paying off that loan or getting the lender to release the departing co-owner, and a replacement loan at today’s rates can cost far more than the old one. If the staying … Read More
When five siblings inherit a house and three want to sell, the other two cannot stop the sale, whether one lives in the house or one is simply on the fence. Any one of the three can file a partition action, and every other sibling is named as a defendant without having to take a side.
Yes. An agent can list a California property with only one co-owner’s signature, but that listing binds only the co-owner who signed it and can’t sell the whole property. A partition action can force the sale.
A partition action can proceed against a co-owner on active military duty, but the Servicemembers Civil Relief Act allows stays of at least 90 days and bars default judgments until the court appoints counsel.
Usually, yes. In a California partition action, a co-owner who paid more than their share of the mortgage is generally entitled to be repaid the excess out of the sale proceeds before the remaining money is divided.
You can put your share of a co-owned house into a trust, but doing so usually severs a joint tenancy. That often signals the co-owners’ shared plan has broken down.
A co-owner’s drug addiction cannot stop a partition action. California law gives the other co-owners tools to recover unpaid expenses, protect the property, and end the co-ownership.
Not just because you filed. In California, a co-owner’s buyout right opens only after someone requests partition by sale, and only for property held as tenants in common.
Usually not. Living in the house does not give a co-owner control over it. In California, co-owners have equal rights to the property, and a partition action lets the other co-owner force a sale.
Not without his agreement. If your ex-boyfriend refuses to sign over his share, a California partition action can end the co-ownership through a court-supervised sale or buyout.
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Practical guides from attorneys who focus exclusively on California partition actions.
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