In California, joint tenancy is a common way for parents and children to co-own property, often with the understanding that the property will automatically transfer to the surviving joint tenant, presumably the child, upon the death of the other, presumably the parent. However, joint tenancies can be severed, and this can cause significant issues when … Read More
No. A common misconception is that a majority of the ownership interests are needed for a court to compel the sale of a jointly-owned property in a partition. This belief is entirely incorrect. Any owner, regardless of their ownership percentage, can initiate the sale of the property, whether they hold 99% or merely 1% of … Read More
A TIC agreement, short for tenants in common agreement, is becoming a popular method for co-ownership in California, often converting a single property into a townhome with multiple units occupied by unrelated co-owners. Popular for decades in San Francisco, the Los Angeles Times recently reported that the trend has headed to LA where developers are … Read More
Many deeds convey an interest to three or more co-owners with no indication of the fractional ownership interest of each co-owner. These deeds raise the question of the relative co-ownership, creating complications when legal issues such as partition actions arise. There are several key factors to look at when a deed is unclear that help … Read More
When multiple people own a property, they typically hold title as either joint tenants or tenants in common. While both forms of co-ownership allow multiple parties to have an interest in the same real estate, their legal rights and what happens when an owner passes away differ significantly. Understanding these differences is crucial, especially when … Read More
Co-owners who disagree about how to use co-owned property often find themselves in toxic co-ownership relationships. Ending the co-ownership relationship via a partition action, or the forced sale of jointly owned property, can benefit all co-owners in the long run. However, while the property remains co-owned, it’s not uncommon for issues to arise regarding who … Read More
Co-ownership of property can raise many questions about the rights of each owner to the common property. Conversely, that co-ownership relationship can sour, causing one co-owner to seek the benefits of sole ownership- the right to exclude others- without the detriments of sole ownership- paying the full price for the property. What can result is … Read More
Co-Ownership of Real Property in California “Co-tenancy” is an umbrella term used to describe ownership by several co-owners with undivided interests in the real property. There are four distinct types of co-tenancies (or co-ownerships) recognized by statute in California in which several people can own the same property.[1]California Civil Code 682 Tenancy in Common A … Read More
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