Legal Question in Real Estate Law in California

Joint Tenant #1 has recently been informed that (out of state) JT #2 plans on moving onto property w/ wife, due to financial problems. JT on property for the past 15 yrs. does not want 2nd JT to move onto property due to there's literally no room plus she's elderly & doesn't want the stress due to ill health. JT #2 has never offered financial assistance for property upkeep, taxes etc. JT #1 has decided to refuse entry to #2 but would like to know what legal teeth she can back up her plan with, such as a restraining order, etc. Any ideas? Thanks!


Asked on 6/26/11, 4:33 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, each joint tenant has a somewhat-theoretical right of possession of the entire property, making them sort of roommates. However, the law frowns upon a joint tenant who is currently out of possession taking self-help action to place himself into possession. So, JT#1 may refuse to share possession, and this is a civil wrong, but if JT#2 forces entry, that's a criminal wrong and the police may come to #1's assistance.

JT#2 can go to court, show co-ownership, claim an "ouster," and obtain an order for co-possession, at which point the sheriff changes sides and assists #2.

Look at California Civil Code section 843 regarding ousters and co-owners' rights. There is much more decided case law on the subject that goes beyond the codes, however.

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Answered on 6/26/11, 10:07 pm
George Shers Law Offices of Georges H. Shers

Joint tenancy means that two or more people own the same land/property equally. They all have an equal right to the property, including living on it. Thus, legally, JT #1 can not keep JT #2 off the land.

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Answered on 6/26/11, 11:39 pm


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