Legal Question in Real Estate Law in California

"Co-own" a duplex could mean either of two things: Each of you owns one of two dwelling units in a two-unit building; or the two of you own a single dwelling unit as cotenants and someone else owns the other unit in the two-unit (duplex) building. I think the latter meaning is more likely and I'll answer on that basis.

All of the following should be read to include the qualifying stattement "Absent any agreement between them to the contrary": Each of two owners, whether they be joint tenants or tenants in common, has a shared right to occupy the entire co-owned property at all times. This right includes the right to transfer the right of occupancy to another by lease, rental, sale, gift, etc.

In order to prevent your co-owner from setting someone else up as his surrogate occupant, you'd need an agreement of some kind with him to the effect that he won't do it. There is an alternative that doesn't work so well, and that is to exercise your right as a co-owner to move in with him before he relinquishes his possession to the third party; then, while the third party technically has the legal right to take over from your co-owner, the third party would need to go to court and get a court order, rather than just moving in with you against your wishes. Although the third party has a right to do so, based on your co-owner's ownership and permission, the third party cannot exercise that right without court assistance due to the possibility of a "breach of the peace" which the law frowns upon.

Another possibility that unhappy co-owners of real property can consider is forcing a sale of the property and division of the net proceeds via a "partition" lawsuit, as set forth in Code of Civil Procedure sections 872.010 et seq. Partition is a right of a co-owner, and there are very few defenses to a well-drafted partition action. A problem to consider is that when properties are likely to have little or no equity, there may be nothing to divide. Sometimes, however, just filing the suit will get the co-owner to the bargaining table, and once an out-of-court agreement is reached, the suit can be dismissed.

Please feel free to contact me with particulars for a free further analysis. I have handled matters of this kind in California counties from Siskiyou to Imperial.