Legal Question in Real Estate Law in California

We need more information a to what the title to the property says. If you are listed as a part owner then all she can do is sell her part of the property, which of course no one will buy. Since she and her agent must know this, I assume you are not on title, so you would have to file a suit to try to impose your name onto the title. Currently you may just have an equitable title [one that exists out of "fairness" but fails to have followed the legal requirements for title]; you could file suit to be put on title and file a lis pendes which notifies all buyers that there is a suit against the property so they will be unwilling to buy it.

I assume you are splitting up. You may need to see a divorce attorney to see what ownership rights you have as to the property.

You are not clear as to who holds title.

Unless there is a written agreement to the contrary, every owner has the right to compel a sale over the objections of the others, and distribute the proceeds to the owners. If you claim any ownership rights, then you'll have to file and participate in the litigation, or reach a compromise agreement to avoid litigation. If serious about hiring legal counsel to help you, feel free to contact me.

Looking at the previous answers, I'd say I agree with all three, but they don't really give you the right answer.

When X and Y buy a property together, and X puts up 100% of the down-payment money, X should receive 100% ownership, unless X intended to make a gift to Y and in the absence of a valid written agreement, and this is irrespective of the way title is taken or held. Of course, if title is held by X and Y, or Y alone, it will be necessary to go to court and get a decree to straighten things out.

The equitable principle involved here is a "purchase-money resulting trust," a trust implied in law of which Y is the involuntary trustee, holding whatever legal title she has in trust for X, and as such trustee, her only duty is to convey the title to X upon demand.

I suggest you look up "purchase money resulting trust" on Google or in legal reference works to verify that I am right and that the principle seems to fit your situation. Then, contact me if interested in pursuing a quiet-title suit to have title placed in you name on the public record. I can give you a representation and fee arrangement that will be as economical as if my office were in Lawndale and almost as convenient, and I know this subject matter quite well. To repeat, if you paid 100% of the down payment, you should be a 100% legal owner, of record.

Mr. Nelson is right that any co-owner can compel the sale of the co-owned property, but to do so must go to court with a suit for partition, Code of Civil Procedure sections 872.010 et seq., but here it looks like your ladyfriend is not a true co-owner, at least if you enforce your rights.

Mr. Shers is right that a co-owner may only sell the portion of the property he/she owns, and that there is no real market for partial interests in most property, such as single-family homes. Still, why concede that she has any interest at all?