Breakups are challenging, but when real estate is involved, they can become even more legally and financially complicated. If you’re breaking up with an ex, consider yourself lucky as divorce court is time-consuming and expensive. If you are not married, California partition law governs the division of assets.
If you and your ex-boyfriend or ex-girlfriend co-own property and cannot agree on what to do with it, you may need to pursue a partition action—a legal process that forces the sale of jointly owned real estate. Whether your former partner refuses to sell, is unwilling to move out, or claims an unfair share of the property’s value, understanding your legal rights is essential.
At Talkov Law Partition Attorneys, we specialize in resolving real estate disputes between unmarried co-owners. If you find yourself in a dispute over property ownership with a former partner, our team can help you navigate the complexities of partition law and secure a fair outcome.
Understanding Property Ownership for Unmarried Couples
When two individuals purchase real estate together, they typically hold title as either joint tenants or tenants in common:
- Joint Tenancy – Both parties own equal shares of the property. If one owner passes away, the other automatically inherits the property under the right of survivorship.
- Tenancy in Common – Each owner can hold an unequal share of the property. This form of ownership allows for one co-owner to sell or transfer their share independently.
Unlike married couples, who are subject to California’s community property laws, unmarried co-owners must rely on partition actions and civil litigation to resolve disputes when one party refuses to cooperate in selling or dividing the property.
Common Disputes Between Ex-Boyfriends / Ex-Girlfriends Over Real Estate
Unmarried co-owners often encounter significant legal and financial disputes when a relationship ends. Some of the most common issues include:
One Party Wants to Sell, the Other Refuses
If one co-owner wishes to sell the property but the other refuses, a partition action may be the only way to force the sale and ensure both parties receive their rightful share of the proceeds. Courts in California recognize a co-owner’s right to sell their interest, even if the other party is unwilling.
Unequal Contributions to the Purchase Price
In many cases, one party contributes more toward the down payment or purchase price. Courts may consider these contributions when determining how proceeds should be divided in a partition action. The party who contributed more may be entitled to a greater share of the sale proceeds. This means the court can resolve the issue of whether or not your ex will receive half the equity in a partition.
Mortgage Payments and Property Expenses
If one co-owner has been solely responsible for paying the mortgage, property taxes, or other costs, they may be entitled to reimbursement from the other party upon the sale of the property. However, disputes often arise when one party claims that their payments should result in a greater ownership share.
Exclusive Possession: One Party Refuses to Move Out
It is common for one party to continue residing in the home after a breakup while the other wants to sell. The co-owner in possession may be required to compensate the other for their lost use of the property under the concept of ouster. If the dispute cannot be resolved amicably, a partition referee may be appointed by the court to oversee the sale, including the removal of any uncooperative co-owners.
How a Partition Action Resolves Co-Ownership Disputes
A partition action is a legal remedy available to co-owners who are unable to agree on what to do with jointly owned property. A partition action allows the court to order the sale or division of the property, ensuring that each party receives their fair share.
Types of Partition Actions in California
- Partition by Sale – The most common outcome in residential cases, where the court orders the sale of the property and divides the proceeds among the owners.
- Partition in Kind – This type of partition physically divides the property, which is rare in cases involving single-family homes but may be possible for larger parcels of land.
Reimbursements and Adjustments in a Partition Action
When the court orders a partition, it may also adjust the division of proceeds based on an accounting of unequal financial contributions. Courts may consider:
- Unequal down payments
- Mortgage payments made by one party
- Property tax and insurance payments
- Costs of improvements or repairs to the property
By filing a partition action, a co-owner can ensure that the final distribution of funds reflects their financial contributions and legal rights.
Why Hiring a Partition Lawyer Matters
Partition actions involve complex legal procedures, financial calculations, and court oversight. Attempting to navigate this process without legal representation can result in significant financial loss or prolonged legal disputes. An experienced partition attorney can:
- Protect Your Financial Interests – Ensuring fair reimbursement for your mortgage payments, home improvements, and expenses.
- Expedite the Process – Avoiding unnecessary delays and legal missteps that can prolong disputes.
- Negotiate Buyouts and Settlements – Helping to secure a resolution that minimizes legal fees and maximizes your financial recovery.
At Talkov Law, we exclusively represent unmarried co-owners in real estate disputes. Our attorneys understand the nuances of partition law and work diligently to achieve the best possible outcome for our clients.
Next Steps: How Talkov Law Can Help
If you and your former partner are in a dispute over jointly owned property, taking legal action may be necessary to protect your rights and financial interests. Talkov Law Partition Attorneys has extensive experience handling partition actions for non-married co-owners, ensuring that our clients receive a fair and equitable resolution.
Our firm does not handle disputes involving formerly married couples. We focus exclusively on assisting unmarried individuals who co-own property with an ex-partner and need legal intervention to resolve their disputes.
To discuss your options with an experienced partition attorney, contact Talkov Law today online or at (844) 4-TALKOV (825568) for a free consultation. We will assess your case, explain your legal rights, and guide you toward the best possible resolution.
Frequently Asked Questions About Ex-Boyfriend / Ex-Girlfriend Disputes
What happens if my ex and I can’t agree on selling our jointly owned property?
If you and your ex cannot reach an agreement on selling the property, you may need to file a partition action in court. A partition action allows a judge to order the sale of the property and divide the proceeds fairly among co-owners.
Can I force my ex to sell our co-owned property?
Yes, under California partition law, any co-owner has the right to seek a court-ordered sale through a partition action. If one party refuses to sell, the court can step in to force the sale, ensuring each co-owner receives their fair share.
My ex is living in the house. Can I still file a partition action?
Yes. If your ex refuses to move out or is occupying the property without your consent, a partition action can still proceed. The court may adjust the division of proceeds to account for exclusive use by one co-owner, ensuring a fair outcome. The court has the authority to remove any uncooperative co-owners from the property in a partition action.
Can my ex prevent me from selling the property?
No. In California, co-owners cannot be forced to remain in a joint ownership arrangement against their will. If one party refuses to cooperate, the court can order the sale through a partition action, regardless of their objections.
What if my ex won’t respond to legal notices?
If your ex ignores legal notices, the case can still move forward. A default judgment may be entered, allowing the court to order the sale without their cooperation.