Legal Question in Real Estate Law in California

Co-tenets in property

My husband is a co-tenet of a house that he does not live in. The other co-tenet is living there and has been for 3 years. She will not refinance the home to have it put in her name only. My question is; is there any legal action to force her to sell the home or force her to get finacing in her own name. My husbands name is on the deed and the loan. But her name is ''only'' on the deed. He is responsible for the loan, and she has been late on the morgage for over a year and we cannot buy anything ourselves until it becomes current. He just wants off the obligation, we need to know the best way to do that.

Thank you for your time.


Asked on 9/06/01, 4:25 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Co-tenets in property

Yes, there is a legal action to force sale of a home owned in cotenancy and to distribute the proceeds of sale equitably. It's called a 'partition' action. Like most real estate oriented actions, it is more economical to retain a lawyer who practices near where the property is located. I have partition suit experience and would like to handle this matter if the property is near Sonoma County. Otherwise, find someone close to you.

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Answered on 10/25/01, 4:59 pm


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