Legal Question in Real Estate Law in California

Re: dual ownership

In California, as in most or all other states, co-ownership of real property (as joint tenants or tenants in common) gives all co-owners an undivided interest in the entire property, which right includes the right of co-possession.

So, you do have the right to move in, and the other person also has the right to move in. You are, in practical effect, roommates. Further, since each of you has the RIGHT of possession, neither can demand rent from the other for his or her "half" of the property.

All of this can be modified by contract, and that's often what happens in order to prevent disputes.

Finally, I should add that the law frowns on violent or physical attempts to assert a right of co-possession. If the other co-owner gets there first, you have to assert your right of co-possession peaceably, through the courts, or just put up with it. When one co-owner won't allow the other co-owner to exercise the right of co-possession, this is called an "ouster," and the Civil Code (section 843) provides a remedy. Beyond that, truly unworkable co-ownership situations can be dissolved by a process called "partition" which is a special kind of lawsuit filed to have a court require a sale of the property and a fair split of the net proceeds (and these days, I have to add, "if any."

Re: dual ownership

You should have agreements in place. Having a right to half the rent is not your biggest concern. If you do not have an agreement, after 5 years, by adverse possession, the other person can try to take FULL ownership of the property under some circumstances. Let me know if you want my help.

Best,

Daniel Bakondi, Esq.

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