Legal Question in Real Estate Law in California
Forcing sale in joint tenancy?
I'd like to know where to start and what basic rights I have in forcing sale on a house purchased with a joint tenant. We are not married and I'd like to find out how to get out of the house. Can I force a sale so I can be released or can I force him to refinance to get my name off the loan? I don't want to move out and have him keep my name on the loan for ever. What can I do to get myself out of the loan? He's threatening to bring roommates in if I move out but I don't want to be his landlord either. Any advice is appreciated! Thanks!
1 Answer from Attorneys
Right to Sell Joint Tenancy Property
Under California law, unless there is a written waiver, any owner of real estate can force a sale by a lawsuit for Partition. Historically, Partition would be to sever the farm into equal shares for each child; now, since urband property cannot easily be split, the Court orders a sale and then a division of the money.
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