CCP 872.710

I Helped Fund My Child’s House and I’m on Title. What Are My Options?

If you contributed to your son or daughter’s down payment and your name ended up on the title, you are a co-owner of that property under California law. A partition action is the legal tool that lets you recover your down payment, end your exposure on the property, and get out cleanly when the arrangement … Read More

Can I Change the Locks of the Property Without Co-Owner Permission?

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

Can a Co-Owner Airbnb or Short-Term Rent a Property Without Permission?

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

Can You Force the Sale of Luxury Properties in California?

Yes, you can force the sale of a multi-million dollar property in California, and a partition action is the legal tool that makes it happen. A high price tag does not give any co-owner special power to block a sale. The law treats a luxury estate the same as an average home. If you co-own … Read More

Can You File a Partition Action if the Co-Owner Cannot Be Reached?

When a co-owner goes missing, a partition action is the most effective way to force the sale of the shared property. California’s partition statutes provide a clear process for serving a missing co-owner and moving the case forward. This comes up more than people expect: in inherited property disputes where a sibling disappears, in tenancy … Read More

What is a Default Judgment in a Partition Action?

A default partition judgment allows the court to order the sale of the property without the absent co-owner’s involvement. When a co-owner files a partition action and the other party refuses to respond, the case moves forward. Co-owners have an absolute right to partition under California law. Whether the other party engages or not, the … Read More

What Is the Partition of Real Property?

A partition of real property in California is a legal process that allows co-owners to force the sale when they cannot agree. Disagreements over whether to sell, how to use the property, or how to split expenses can quickly turn into serious conflicts. When co-owners reach a deadlock, a partition action is the ultimate legal … Read More

Can You Force a Co-Owner to Buy Your Share?

When co-owners of real estate decide to go their separate ways, a buyout is often the first solution discussed. One party keeps the property and pays the other for their share. However, this only works if the co-owner has the financial ability and is willing to follow through. When the buyout does not happen, many … Read More

What Happens When a Co-Owner Refuses to Communicate About Sale or Buyout? (Partition Actions)

When a co-owner refuses to communicate about selling jointly owned property, California law allows you to force a resolution through a partition action. For the co-owner seeking a resolution, this lack of response can feel like being trapped in a situation with no clear path forward. Why Co-Owners Refuse to Communicate It is common for … Read More

Family Code § 2108 – Is a Partition Action the Better Option?

Co-ownership with a divorcing couples presents a challenge to force the sale of a property when a co-owner wants out due to the high burden of Family Code § 2108. This is where a partition action often becomes the more powerful legal tool. What Does Family Code Section 2108 Do? California Family Code Section 2108 … Read More

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