One of the most common reasons a co-owner refuses to cooperate with a sale is simple: they are already getting what they want. If your co-owner is living in the property, they may have little incentive to sell or buy you out. In fact, they may actively delay, obstruct, or ignore your requests in hopes … Read More
When co-owners of real estate can no longer agree on how to manage, use, or sell a property, a partition action becomes the legal solution to resolve the dispute. One of the most common outcomes of a partition action is a partition by sale, where the property is sold, and the proceeds are divided among … Read More
California Civil Code 843 is the California partition statute that addresses concurrent ownership, ouster, and damages related thereto in a partition action. The statute provides that: (a) If real property is owned concurrently by two or more persons, a tenant out of possession may establish an ouster from possession by a tenant in possession in … Read More
Access Rights to Jointly Owned Property A common issue with co-ownership is whether the co-owners can allow third parties to move into the property as roommates. For example, perhaps your co-owner decides to rent out an extra room. Or perhaps they allow their boyfriend or girlfriend to move in. Or maybe they allow an unwanted family member … Read More
Co-Owner’s Right to Evict Their Co-Owner Co-ownership can present many headaches, including shared expenses, sharing a common space, and, most importantly, agreeing when to sell the property. Co-owners might be wondering how to evict a co-owner when there is confusion as to who has the right to live in a co-ownership home. Unfortunately for co-owners … Read More
A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows a third party to lease the co-owned property without the consent or over the objection of the other co-owners. As explained below, the law is that each co-owner may lease the property, but doing so … Read More
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