Legal Question in Real Estate Law in California

Re: Joint tenancy agreement

It is very difficult to try to put your facts together into anything coherent.

Who are the three owners? Whose child is "daughter"? What kind of letter are we talking about?

I need more from you to help you.

Re: Joint tenancy agreement

I'm not certain about your facts or your question either, but let me put something out there which might just be helpful to you or someone else looking through LawGuru answers.

Co-owners of real property - whether they be tenants in common or joint tenants - each have the right to occupy and possess the entire property at all times.

This means that if X, Y and Z are the co-owners of Blackacre, X can live there if he wants, Y can live there if he wants, and Z can live there if he wants. If all three of them want to live there, they all can, at the same time. They are roommates, and each has the right to be in, use and occupy every square inch of Blackacre.

Further, it doesn't matter if X owns a 70% interest, Y owns a 29% interest, and Z has only a 1% interest. They still have to share possession. The unequal ownership would only come into play upon sale of Blackacre and division of the proceeds.

Furthermore, Z can lease out his right to occupy and possess Blackacre, so X and Y might find themselves sharing it with a stranger. Z can also sell his part interest to a stranger without the permission of X or Y and without even giving them notice. Of course, Z cannot sell a greater interest than he owns.

Of course, X, Y and Z are free to modify their rights to Blackacre by contract. If X and Z agree to let Y live there by herself, in an enforceable contract, then Y will have the exclusive right to live at Blackacre while the contract is in effect.

All of the above-mentioned rights are subject to some practical limitations. If Z's attempts to live at Blackacre against the strong objections of X and Y might result in physical violence or a disturbance of the peace, I suppose a judge could issue a restraining order against Z, but I would think Z would be entitled to some compensation from X and Y for denial of his rights as an owner.

Unhappy co-ownership situations can be ended by a forced division or sale of the property by using a special kind of lawsuit called an action for partition.