No. Changing the locks on a property you co-own without your co-ownerβs 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, and avoid the self-help liability that comes with locking your co-owner out.
California treats every co-owner as having an equal right to possession of the property, regardless of how much they paid or what percentage they hold. You cannot eject your co-owner by force, by threat, or by changing the locks. The only lawful way to end the co-ownership is in court.
Changing the Locks Without Co-Owner Consent Triggers Ouster in a California Partition Action
Every co-owner of a California property has an equal right of possession. This rule applies to both tenancy in common and joint tenancy co-ownership structures, and it does not depend on percentage interest.
For example, a co-owner who holds 90% of the property has the same right to possession as a co-owner who holds 10%. Neither can lock the other out unilaterally β and a minority owner can still force a partition even over the majorityβs objection.
When you change the locks and prevent your co-owner from entering, the law calls that exclusion ouster. Ouster is the wrongful exclusion of a co-owner from joint possession of the property. A change of locks is the textbook example.
It does not matter that your co-owner is uncooperative, that you pay more of the bills, or that you live there full-time. Self-help is not the preferred remedy under California law. The remedy is a partition action.
Ouster Exposes You to Damages and Rental Value Charges in a California Partition Action
The co-owner you excluded has several remedies that hit your bottom line.
First, they can serve a notice of ouster under California Civil Code Section 843, which formally documents the exclusion and puts you on notice that damages are accruing.
Second, they can seek damages for ouster in court, calculated based on the value of the lost possession.
Third, the leading authority is Hunter v. Schultz establishes that a co-owner in sole possession of jointly owned property can be charged with the rental value of the property during the period of exclusion. The co-owner in possession may owe the co-owner out of possession their share of the fair market rental value of the property for every month they were kept out.
Finally, all of this rolls into the accounting at the end of any partition action. Under California Code of Civil Procedure Section 872.140, βThe court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.β The judge uses that section to charge the ousting co-owner and credit the excluded co-owner before any sale proceeds are split.
A qualified partition attorney quantifies every dollar of that exposure when representing the excluded co-owner, and counsels the ousting co-owner on how to unwind the situation before the damages run higher.
A California Partition Action is the Right Legal Path, Not Self-Help
If your co-ownership has reached the point where you want your co-owner out of the property, the right move is a partition action, not a lock change.
Under California Code of Civil Procedure Section 872.210, any co-owner with a qualifying interest can file. And under California Code of Civil Procedure Section 872.710(b), partition βshall be as of right unless barred by a valid waiver.β Filing the action does what changing the locks cannot:
- Triggers a lis pendens that clouds title and protects your interest legally
- Forces a court-supervised resolution through either a buyout or a partition by sale
- Captures every contribution you have made through the accounting under California Code of Civil Procedure Section 872.140
- Avoids the self-help exposure that comes with locking out a co-owner
Self-help also carries real-world risks beyond ouster damages. A co-owner who finds themselves locked out can call law enforcement, rekey the property to obtain access, or seek an emergency court order requiring you to restore access. None of that helps your position in court.
Settle the Co-Ownership Dispute the Right Way with a California Partition Action
Locking your co-owner out feels like control, but it costs more than it solves. California gives you a court-supervised way to end the co-ownership, recover what you are owed, and walk away clean without resorting to self-help.
Talkov Law can help. With twelve full-time partition attorneys and experience in over 600 partition actions, our team handles every step of the process. Call (877) PARTITION (727-8484) today or contact us online to get started.
