Legal Question in Real Estate Law in California

Re: real estate

Yes. YOu have to bring an action for an accounting and to force the sale or division of the parcel. You will probably benefit by hiring a lawyer. But, the case will not be difficult to prosecute and complete. You may be able to accomplish the same thing by getting the lawyer to make an appropriate formal demand before filing suit.

Re: real estate

You need to file a lawsuit for partition, where the property can be ordered sold and you can be reimbursed for the proper expenses.

Re: real estate

In theory you can sell your 25% interest (unless your co-owner has a right of first refusal or there is some other contractual limitation on your right to sell). In practice, who would want to buy you 25% interest?

You refer to the co-owner as a partner. If this land is truly held as partnership property, you might be able to sell it all, legally, as a partner, conveying good title to the buyer, and then having only to answer to your partner for settling up and terminating the partnership. I'd be cautious with this approach, and by all means consult with a business lawyer as to what is permissible under your partnership agreement.

If, as is more likely, you are using the term "partner" loosely, and you are just co-owners (tenants in common or joint tenants) rather than true partners in a general partnership, you cannot sell the other 75%.

Mr. Selik has suggested a partition action as a way out. This is indeed the general escape mechanism for people trapped in unhappy co-ownership situations. Whether it makes sense to file a partition action in a particular situation can be an economic question -- it isn't fast and isn't cheap. However, a lot of times merely filing the suit gets the other owner to offer a buy-out or voluntarily list the property for an out-of-court sale and settlement.