Legal Question in Real Estate Law in California

Re: Tenantsincommon

It sounds like you need to talk to an attorney immediately. While the owner of property can always sell, lease or otherwise transfer whatever interest they have in real proeprty to someone else, for all practical purposes there really is little or no market for a fractional share of residential real property.

In order to properly adivse you about what your best course of action is, you will need to provide much more informaiton than is contained in your message. For instance, do you and/or your "tenant in common" live in the house? Do you rent the house to a third person? How long have you been a "tenant in common" with the other person, and who has paid the mortgage payments, taxes, utilities, etc.?

Re: Tenantsincommon

A partition action seems your best bet. If your attorney co-tenant is vindictive, you would be better off to do battle with her once and get her out of your life.

Sincerely,

James Swiderski

Attorney at Law

1150 Silverado Street, Suite 216

La Jolla, California 92037

Re: Tenantsincommon

I absolutely agree that you should seek partition now rather than later. Your situation is not likely to improve with the passage of time. Since each tenant in common has a right of possession of the entire property, there is nothing you can let (it is not a "sublet") with any guarantee of privacy to the renter.

If the co-owner is vindictive and tries delaying tactics, your lawyer may be able to seek compensatory or even punitive damages. Also, in discussion with your attorney, inquire whether the fact show an 'ouster' and what effect this may have on your claims against the co-owner.