Legal Question in Real Estate Law in California

Re: dual owership of property

Actually, as a fifty percent owner you are probably a tenant in common. In a tenancy in common each co-tenant has the right to possess all portions of the property but no right to exclusive possession.

If the dispute is unresolved, you may need to institute legal proceedings to resolve the issue.

Please contact us if you need assistance.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

Re: dual owership of property

As Mr. Hsu says, you are probably tenants in common (the other possibility is joint tenants and the practical consequences are about the same for this dispute).

As such, you each have an "undivided interest" in the entire property. There is no physical "his half" or "my half" unless you have made a separate agreement to that effect. The balance of my answer assumes there is no contract.

He has no right to remove your things from the garage.

You have no right to resist his physical changes or choice of tenants. Conversely, he has no right to resist your physical changes or choice of tenants.

Since you own an undivided 1/2 interest in both houses, his tenants are legally your roommates. He can only rent out what he has, which is the right, along with you, to occupy that house. You might try explaining that to the tenants. They will probably be surprised to learn that they've only rented a half interest in the house and must share it with you.

In so saying, I'm pointing out a theoretical consequence of cotenancy, and not recommending that you instigate a breach of the peace.

The long-term remedy is called partition. This is a special kind of lawsuit in which a court is asked to order, then supervise, the division of the property, nowadays usually by sale and division of the money. Many partition actions result in out-of-court, pre-trial settlements.

Re: dual owership of property

Co-ownership of real estate can be fraught with problems, as you are learning.

Tell your partner that you want to end the partnership. Suggest that either you buy him out or visa versa. Suggest the following method. Each of you should determine how much you are willing and able to pay the other for his interest. Each should write his bid on a sheet of paper and seal it in an evelope. Then both envelopes should be opened simultaneously in the presence of a disinterested and trusted party. The high bid takes it and must complete the sale within 60 days.

Get the agreement in principle first and make a written contract on that. Then perform the exercise. If he is willing to pay more for your half than you are for his, then you cannot really complain. Nor can he if it goes the other way.

If this does not work, contact a lawyer to bring a partition action.