Can a Person Move Into My Jointly Owned Home Without My Permission?
Co-owners often disagree about whether one can let a roommate, partner, or tenant move in. Here are each co-owner’s rights to the property.
Co-owners often disagree about whether one can let a roommate, partner, or tenant move in. Here are each co-owner’s rights to the property.
Yes. If the other co-owners won’t agree to a sale or buyout, you can force a sale through a partition action.
Many minority co-owners assume they have few rights. In fact, a 33% owner of California property has many, including the right to force a sale through a partition action.
Most co-owners consider a partition action when they disagree about selling, or when one simply wants out of the co-ownership. Here is when a partition makes sense.
Co-owners in a partition action almost always want the same thing: the best result in the least time with the lowest fees. Here are the signs of an attorney who can deliver.
No. An eviction won’t remove a co-owner, because each co-owner has an equal right to possess the entire property. A partition action is the way to end the co-ownership.
Yes. Each co-owner may lease the co-owned property, even without the others’ consent, but doing so creates complications for rent, possession, and evicting tenants.
A 50% owner of California real estate has the right to force a sale through a partition action, occupy the entire property, and collect 50% of the net rental proceeds, among other rights.
California law generally lets any co-owner force the sale of jointly owned property through a partition action. The right to partition is so favored that courts call it absolute.
When siblings inherit a house and one moves in, the others often want them out. You can’t evict a co-owning sibling, but a partition action can force a sale.