Legal Question in Family Law in California
I am divorced and own 50% of the property, my ex-husband owns the other 50%. He wants to sell, do I have to agree?
3 Answers from Attorneys
No, you can always drag each other through a partition by sale proceeding or more costly divorce litigation.
The answer is ultimately, yes you will either need to buy him out or sell the property. Of course, that is a very broad answer to a very broad question. Whether that process takes 10 days of 10 years is dependent upon the facts. You should have the facts reviewed by an attorney who can get more information and provide you with a better opinion. The loss of significant property rights and the cost of litigation can both be very expensive. You must balance the two options and should only do that when you know your rights and obligations. Feel free to call my office for a free consultation. Good Luck, Pat McCrary
Sooner or later you will have to buy or sell. No one can force another person to remain co-owners with them. There are various legal options to force an end to a tenancy in common.