Legal Question in Real Estate Law in California

Under U.S. law, each undivided owner has the same rights of use and occupancy that an individual owner would have. This allows each of them to rent out the property without the consent of the others. This can, of course, lead to major conflicts, because, among other things, each of three owners could rent the entire property to a different tenant. And, of course, one or two can rent the property out over any objection by another owner. They must, however, account for and share any rental income. If the multiple owners cannot resolve their differences, the only option available under the law is to file what is called a "partition by sale" action. In those cases, either the parties agree to sell and divide the proceeds and the court resolves any issues about fair distribution, or if the parties cannot cooperate in a sale, the court orders the property sold at government auction and distributes the proceeds.

As for the attorney representing three owners who disagree, that is not possible under our rules of attorney ethics. The lawyer must withdraw from representing any of the parties if he or she cannot get them to resolve their differences and work as a team. If the attorney continues the conflicting representation or sides with one or more owners against others, he or she should be reported to the State Bar of California.