You and a co-owner may want different things for a property, and that gap can turn a simple decision into a standoff. Maybe you want to sell and move on while your co-owner refuses to sell. A real estate attorney can explain how the ownership arrangement affects the dispute.
Co-owners disagree about selling a property more often than people expect, and such conflicts can drag on for months without a resolution. The available options depend on the ownership structure and the parties’ agreements. In this guide, Furukawa Castles Karic LLP will explain the legal options for co-owners under California law.
Ownership Rights in a Shared Property
How you hold title shapes what happens if you and your co-owner disagree. You likely hold the property as joint tenants or tenants in common, and each affects your rights differently. As a tenant in common, you can generally transfer your share on your own.
Why Disagreements Happen Between Co-Owners
Disagreements over selling a property often start when circumstances change. If you inherited the home with a sibling, you might want cash now while your sibling wants to keep it. A breakup or change in your finances can push you to sell while your co-owner prefers to wait.
Options for Resolving a Co-Ownership Dispute
Co-owners who disagree over selling a shared property can often work through it without going to court:
- Direct negotiation: Work out a buyout or a sale timeline together.
- Mediation: Bring in a neutral third party to help reach a written agreement.
Both approaches often cost less than litigation and give you more say in the outcome.
How a Partition Action Works in California
If informal efforts fail, a co-owner may seek partition under California Code of Civil Procedure Section 872.710. For qualifying property held as tenants in common, Sections 874.311 and 874.317 may allow co-owners who did not request a sale to purchase the interests of those who did.
If no buyout occurs, the court may divide the property. When physical division would greatly prejudice the co-owners, the court may instead order a forced sale of the property.
Preventing Future Disputes With a Co-Ownership Agreement
Disputes may be harder to resolve when co-owners do not have a written agreement. A co-ownership agreement can outline how you’ll handle a future sale or disagreement, which may reduce the chance of the dispute reaching court. Guidance on preparing a co-ownership agreement outlines what to cover before you buy property with someone else.
Resolving Co-Ownership Disputes With Furukawa Castles Karic LLP
A disagreement over selling co-owned property may have several paths toward resolution. Reviewing the deed and any co-ownership agreement can clarify your legal standing and available options.
Our team assists property owners with real estate disputes and related legal concerns, taking time to understand each case. If a sale moves forward, reviewing the chain of title can reveal prior transfers and recorded interests that may affect the transaction.
If you and a co-owner are at a standstill over a property sale, call Furukawa Castles Karic LLP’s Burlingame office at (415) 510-2823.