If you contributed to your son or daughter’s down payment and your name ended up on the title, you are a co-owner of that property under California law. A partition action is the legal tool that lets you recover your down payment, end your exposure on the property, and get out cleanly when the arrangement … Read More
A partition action is often the only way to resolve whether a co-owner living in jointly owned property owes rent, because occupancy alone does not automatically create a rent obligation. Many co-owners assume that if one person lives in the property, they automatically owe rent to the other co-owners. California law is more complicated than … Read More
No. Changing the locks on a property you co-own without your co-owner’s permission is most likely an ouster under California law that exposes you to damages, and is the wrong long term solution to resolve a co-ownership dispute. A partition action is the proper legal route to end the co-ownership, recover what you are owed, … Read More
A co-owner can technically rent a jointly owned property on an Airbnb or another short-term rental platform without the other co-owner’s permission. However, in a partition action, the court can force the renting co-owner to account for the income, pay for any exclusive use, and ultimately end the co-ownership. California treats co-owners as having an … Read More
Yes. In California, you can file a partition action to force the sale of jointly owned investment property, even if the other co-owner does not agree. When co-owners of an investment property disagree on whether to sell, refinance, or manage the property, the situation can quickly become frustrating and financially draining. Fortunately, California law provides … Read More
When co-owners of real estate decide to go their separate ways, a buyout is often the first solution discussed. One party keeps the property and pays the other for their share. However, this only works if the co-owner has the financial ability and is willing to follow through. When the buyout does not happen, many … Read More
When a trust beneficiary co-owns inherited property with other beneficiaries, disputes over the property are common. One question that frequently arises is whether a beneficiary who files a partition action to force the sale or division of that property risks triggering a no contest clause buried in the trust. The short answer is: almost certainly … Read More
Co-ownership with a divorcing couples presents a challenge to force the sale of a property when a co-owner wants out due to the high burden of Family Code § 2108. This is where a partition action often becomes the more powerful legal tool. What Does Family Code Section 2108 Do? California Family Code Section 2108 … Read More
When a spouse inherits a fractional interest in a house from their family, disagreements can arise within the marriage about what should happen to the co-owned property. One spouse may want to sell the inherited home and use the money to move or invest elsewhere, while the spouse who inherited the property may want to … Read More
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
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