Tenants in Common

Spouse Won’t Sell an Inherited House in California

When a spouse inherits a fractional interest in a house from their family, disagreements can arise within the marriage about what should happen to the co-owned property. One spouse may want to sell the inherited home and use the money to move or invest elsewhere, while the spouse who inherited the property may want to … Read More

How Are Proceeds Divided After a Partition Sale?

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

What is Tenancy in Common?

California recognizes different forms of property co-ownership, the most common and default of which is tenants in common. California Civil Code 682 recognizes “ownership of property by several persons” in these forms: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses. This article specifically focuses on tenants in common as the … Read More

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