Legal Question in Real Estate Law in California

Re: Joint Ownership Law

The circumstances you describe are more than a little suspicious.

You are the co-owner, and can't go into the house because it contains the other owner's furniture, yet a third party is living there, supposedly without the knowledge or permission of the other owner?

You should consider the possibility, at least, that the occupant is in truth your co-owner's rent-paying tenant, and that you've been deprived of your half of the rent by deception.

If you hold an interest in the property as a joint tenant or as a tenant in common, you are entitled to (shared) possession of the property and your proportionate share of the rents (minus expenses you didn't share).

With respect to the occupant, there are three legal possibilities that affect the appropriate action to remove him/her: guest, tenant or trespasser. You have as much right to begin the appropriate eviction action as your co-owner, but it would be helpful to know the occupant's legal status first.

If you can't determine it, I would assume he/she is a tenant, and begin an unlawful detainer action. These have an accelerated schedule and are cheaper than other lawsuits. If the occupant is other than a tenant (e.g., guest, trespasser) and fails to leave and/or resists an unlawful detainer action, the type of action can be modified to a suit for ejectment or whatever else is more appropriate.

I also suggest seeing a local real-estate lawyer to see if you have other rights or remedies as a result of this unusual and suspicious situation, or if there are particular steps you should take to protect your interests while the sale of the partial interest is being carried out.