Legal Question in Real Estate Law in California

I own property with another family member. We have agreed to split the property based on the parcels. One has the old house on it which no one occupies, except to have a few gatherings. I need to move off the property I am on due to the people want to put it up for sale. I have requested to my family member that I want to move into the old house. Said family is refusing to let me move in. Can I move in anyway, as I do own 1/2? It may take some time to get the split done and in the meantime I will be homeless.


Asked on 2/14/16, 10:23 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

All co-owners of real property have a shared right of possession. Said right is subject to certain limitations, including an agreement between the owners giving sole possession to one of them, and a prohibition upon force, violence, threats, etc. to enforce the right of co-possession. I recommend trying to negotiate with the other owner rather than taking possession by stealth or surprise, but at least in theory you probably have the right to do so. Just don't pick a fight if you can avoid it by applying reason.

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Answered on 2/14/16, 10:55 am


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