Legal Question in Real Estate Law in California

Re: Real Estate Co-Owners

I agree with Mr. Bennett that the question is really unclear. How many owners are there?

Partition is not a suitable process for property held as community property, which is likely to be the case as between the daughter and son-in-law. However, if they co-own the property with others, yes, they can sue for partition.

There are very few defenses to a suit for partition. Generally, the only ones that work are (1) the right to partition has been waived, or (2) there is no partitionable co-ownership interest present.

Waiver may have occurred if one of the co-owners has a right of first refusal or option, or if there is a co-development project under way, or if there is a contract between the co-owners where the right of partition is expressly waived.

Many partition cases can be settled by negotiation short of trial and forced sale.

Re: Real Estate Co-Owners

Your question really is unclear, and I can't answer it as written.

Who owns the home? What does the word "can" mean in the first line. Are the daughter and son-in-law on the title, and/or deed?

Please resubmit with clearer questions, and we will try to help your friend.