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.
Yes. An agent can list a California property with only one co-owner’s signature, but that listing binds only the co-owner who signed it and can’t sell the whole property. A partition action can force the sale.
A majority owner cannot stop a partition. Even a minority co-owner in California has the right to force a sale through a partition action.
Yes. Each co-owner may lease the co-owned property, even without the others’ consent, but doing so creates complications for rent, possession, and evicting tenants.
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