My Co-owner Filed a Partition Action Against Me – What Now?
Being sued for partition by a co-owner is stressful. Here is what the lawsuit means, why co-owners file them, and the steps you can take to protect your share.
Can a Co-Owner Trespass on Jointly Owned Property?
While the property remains co-owned, each owner has rights to use it. Here is when a co-owner’s conduct crosses the line, and how a partition action ends the conflict.
How to Remove a Co-Owner From a House Title in California
A co-owner can be removed from a California house title by a deed with their agreement, or without it through a partition action. Quiet title is available only in narrow cases.
Can One Co-Owner Take Out a Loan on a Jointly Owned Property?
Disputes flare when one co-owner borrows against the property without the others’ consent. Here is how such a loan affects your equity and how to protect it.
Can I Partition a Rental Property With Tenants? A Guide for Co-Owner Landlords
Yes. A California co-owner can partition a rental property even with tenants and a good lease. Here is how rent, receivers, tenants, deposits and the sale are handled.
Can a Minority Owner Force a Partition in California?
Yes. Any co-owner in California can force a partition, no matter how small their share. Even a 1% owner can file, and no majority vote is needed, because the right to partition is absolute.
Can I Force the Sale of a Jointly Owned Vacation Property?
Yes. Many families buy vacation homes together, but relationships change. When a co-owner won’t cooperate, a partition action can force the sale.
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.
I Own 33% of a Property. What Are My Rights?
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.
How to Find the Right Partition Attorney
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.
Can You Evict a Co-owner of a House?
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.
Can One Owner Lease Out Property that is Jointly Owned?
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.
What Are My Rights as a 50% Owner of California Real Estate?
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.
Can Property Held in Trust Be Partitioned in California?
Yes. A trust on title usually does not stop a California partition action: you sue the trustee who holds a co-owner’s share. When one active trust owns the whole property, beneficiaries usually start in probate court instead.
How Realtors Can Help When a Co-Owner Refuses to Sell
A Realtor can’t force a co-owner who refuses to sell. Here is what agents can do, when to bring in a partition attorney, and how a stalled sale moves forward.
Evicting a Sibling from an Inherited House in California
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.
Forcing the Sale of an Inherited House in California
When a sibling or other heir lives in an inherited house and won’t sell, the other heirs can force a sale through a partition action.
5 Ways to Sell a Co-Owned House in California With a Lien
A lien against one co-owner does not have to stop the sale of a co-owned house. Here are five ways to sell a California house when one owner has a lien or judgment.
The Secret to Selling Jointly Owned Property
California co-owners can sell by agreement, complete a buyout, or use a partition action when an owner refuses. Learn the steps, costs, and timing.
4 Tricks to Remove Your Name from the Mortgage on Jointly Owned California Property
Removing your name from the mortgage on jointly owned property might seem difficult, but there are four possible solutions to get your name off the mortgage.
How to Force the Sale of Jointly Owned Property in California
Co-owners of real estate in California have an absolute legal right to partition the property, thereby causing the property to be sold and the proceeds distributed.
