In Wood v. Henley, the California Court of Appeal held that a co-owner’s family could not take an absent owner’s half interest in Ventura County land by living on it, improving it, and paying taxes, because possession by one co-owner is possession for all.
California Civil Code section 685 defines an interest in common, or tenancy in common: property owned by several persons, not in joint ownership or partnership. Every tenant in common can use the whole property and can partition as of right.
California Civil Code section 682 lists the four ways several people can own property together: joint tenancy, partnership, tenancy in common, and community property. Joint tenants and tenants in common can partition as of right.
California Civil Code section 686 makes co-owners tenants in common by default, unless the property was acquired by a partnership, the deed or will expressly declares a joint tenancy, or it was acquired as community property.
Tenancy in common is the most common and default form of co-ownership in California. Here is how it works and how it differs from joint tenancy.
Both joint tenants and tenants in common share ownership of the same property, but their rights differ sharply, especially when an owner dies.
In a joint tenancy, co-owners hold equal shares with a right of survivorship. Here is how joint tenancy is created in California and what happens when it ends.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.
