No. Changing the locks on a property you co-own without your co-owner’s 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, … Read More
A co-owner can technically rent a jointly owned property on an Airbnb or another short-term rental platform without the other co-owner’s permission. However, in a partition action, the court can force the renting co-owner to account for the income, pay for any exclusive use, and ultimately end the co-ownership. California treats co-owners as having an … Read More
When a co-owner refuses to pay their share of homeowner’s insurance premiums, a partition action gives the paying co-owner the legal power to end the co-ownership and recover what they’ve been forced to overpay. Co-owners, most commonly tenants in common, share responsibility for property expenses proportionate to their ownership interest. Homeowner’s insurance is not optional: … Read More
A co-owner who abandons a property in California does not lose their ownership rights, but their absence often creates financial strain that can be resolved through a partition action. When one co-owner stops contributing, the remaining co-owner is often left covering the mortgage and upkeep alone. This situation is common among unmarried couples, family members, … Read More
Among the more creative arguments in partition action cases is the idea that one co-owner should pay the capital gains taxes of the other co-owner. When co-owned property is sold, especially in a partition action, disputes often arise over who gets what, known as a partition accounting. Usually, these claims about accounting relate to unequal … Read More
When you own real estate with another person, disagreements about improvements are common, especially when one co-owner wants to upgrade the property and the other refuses to pay or participate. California co-ownership laws give each owner rights to use and possess the property, but those same laws create complexity about what occurs when one co-owner … Read More
Owning a house with someone is hard enough when you can talk, negotiate, and sign paperwork together. But when the co-owner is incarcerated, normal solutions often grind to a halt—refinancing stalls, sale decisions get vetoed, and even basic issues like repairs and improvements or rental management turn into disputes. In California, incarceration does not erase … Read More
A common misperception in co-ownership of real estate in California is that ex-boyfriends and ex-girlfriends will each get half the proceeds of sale in a partition. This myth is often repeated by exes who put in less than half the money on the property, but want half now that the romantic relationship has ended since … Read More
Proving Unpaid Net Rental Proceeds Collected by a Co-Owner in a California Partition Action Co-owning a property in California can be a profitable arrangement, particularly when it’s rented out. But what happens if one co-owner collects all the rent, perhaps for decades, but refuses to share the income? In a partition action, you may be … Read More
When co-owned property results in a partition action, the court or partition referee may require evidence of who paid the mortgage to divide the proceeds of sale. This article explains how to meticulously gather and organizing documents, including digital payment records between co-owners, to allow co-owners to present a compelling case to prove and recover … Read More
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