An undivided interest is a co-owner’s percentage share of an entire property, not a specific part of it. When co-owners disagree, a partition action converts undivided interests into separate parcels or cash.
In Lindsay-Field v. Friendly, the California Court of Appeal held that a co-owner has no authority to bind another co-owner’s interest without that owner’s agreement, so a deal approved by most of the owners, but not all, bound no one.
In Swartzbaugh v. Sampson, the California Court of Appeal held that one co-owner can lease jointly owned property without the other’s consent, but the lease is valid only as to the signer’s share, and the other owner keeps her right to possession and to partition.
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.
In Forrest v. Elam, the California Court of Appeal held that a son whose life estate ended when he left the property gave it up by forcing a partition sale, so he received his equal share as an heir but nothing for the life estate.
In Estate of Hughes, the California Court of Appeal held that a co-owner living in the house owed no rent just for living there, but his court petitions claiming 100 percent ownership were an ouster.
Yes, a California co-owner can sell their half of a jointly owned property without the other owner’s consent, but almost no one buys half a house at full value, so the way to cash out your share for what it is actually worth is a co-owner buyout or a partition action.
In Capuccio v. Caire (1922), the California Supreme Court held that co-owners who moved property into a revived company without a co-owner’s consent could not defeat her partition. The company at most stepped into their shoes as a co-owner.
In Martin v. Walker, the California Supreme Court held that a co-owner who never lived on the property, and whose co-owner held all of it and denied their title, could still sue for partition. The court decides who owns what in the same case.
In Zaslow v. Kroenert, the California Supreme Court held that a co-owner who changes the locks and refuses entry commits an ouster, and the locked-out owner can recover their share of the rental value.
A California court cannot order a partition by appraisal unless the co-owners agree to it. Cummings v. Dessel explains the written agreement rule, the public notice rule for sales, and what co-owners can do instead.
In Preciado v. Wilde, the California Court of Appeal held that a co-owner cannot take a relative’s share by adverse possession through exclusive use alone. Between co-owners, the bar is higher than between strangers.
Hacienda Ranch Homes v. Superior Court defines ouster as the wrongful exclusion of a co-owner and holds that paying the taxes, maintaining the land, and posting a for-sale sign did not let one co-owner take the whole property from the others.
A domestic violence move-out order can remove a co-owner from a California house regardless of title, but it changes only who lives there, not who owns it or how the property is divided.
An individual co-owner can represent themselves in a California partition action, but a company, executor, or trustee must hire a lawyer.
In LEG Investments v. Boxler, the California Court of Appeal held that a right of first refusal between co-owners does not waive partition. The co-owner who wants out must offer its share first; if the other owner declines, a partition sale can follow.
When five siblings inherit a house and three want to sell, the other two cannot stop the sale, whether one lives in the house or one is simply on the fence. Any one of the three can file a partition action, and every other sibling is named as a defendant without having to take a side.
A California transfer on death deed can name several beneficiaries. When the owner dies, they inherit the house together in equal shares. If they cannot agree on keeping, renting, or selling it, any one of them can file a partition action.
You can’t make an addicted co-owner pay, move out, or sell, but a California court can order the house sold and credit you for what you paid.
Usually, yes. Filing first in a partition action gives you control over the timeline, the court, the lis pendens, and how the case is framed, advantages the responding co-owner cannot easily reclaim.
Not without his agreement. If your ex-boyfriend refuses to sign over his share, a California partition action can end the co-ownership through a court-supervised sale or buyout.
If you helped with the down payment and are on title, you are a co-owner under California law. A partition action can recover your money and end your exposure when the arrangement breaks down.
No. Locking out a co-owner is likely an ouster under California law and can expose you to damages. A partition action is the proper way to end the co-ownership and recover what you are owed.
Technically, yes. But in a California partition action, the court can make the renting co-owner account for the income, pay for exclusive use, and end the co-ownership.
In California, each co-owner generally has an equal right to occupy the whole property, but living there has consequences. A partition action resolves disputes over possession, expenses, and fairness.
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