Legal Question in Real Estate Law in California

Re: property

It depends.

Let's say X and Y, residents of Arkansas, buy a California time share together. Whether it's a 50-50 deal or some other proportion doesn't affect the answer.

X cannot force Y to buy him out, nor can Y force X to buy him out.

Either X or Y can, however, force the sale of the timeshare to Z, the high bidder, at a public or private sale under court supervision and direction. Sometimes, X or Y could be the high bidder, i.e., assume Z's role.

Here's the way it works. Whenever property of any kind, real or personal, is co-owned, either co-owner can bring suit to "partition" the property. In the old days, if it was an equally co-owned 1,000-acre ranch, the court would divide it into two 500-acre ranches, hence the name 'partition.' An example involving personal property might be a bin holding 10,000 bushels of #2 yellow corn; the court would award 5,000 bushels to X and 5,000 to Y.

In modern times, physical division of real property is usually impractical because of small sizes, indivisible improvements, and zoning laws, to name a few reasons. So, the law was changed to give judges the power to order unhappy co-owners to sell their jointly-owned property and to divide the net proceeds of sale fairly.

The right of a co-owner to obtain partition by sale is broad, but it can be waived in limited circumstances such as an express waiver, a contract giving one owner an option or a right of first refusal, a contractual development plan between the owners that would be breached by an attempted partition, and so forth. In your case, your agreement with the seller or manager of the timeshare MIGHT have a clause effectively waiving your right to partition, so have a lawyer read it carefully.

Note that some timeshares are estates in land (real property) and some are contractual in nature only (personal property); that's why I mention that California allows partition of either real or personal property, or both in the same action.

Ask a real estate lawyer for particulars.