Legal Question in Real Estate Law in California

How can I sell half of my house?

My friend owns a house with an upstairs unit

which he has always rented out. Now he wants to sell the upper half of this house to me.

How could we proceed in regard to title, property tax, insurance, etc? What real estate codes govern this?


Asked on 5/14/99, 6:32 pm

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: How can I sell half of my house?

This may be a complicated transaction, legally. He probably cannot

sell the "upper half", as that is not a separate parcel. You can obtain

an interest in the property as a tenant in common, combined with an agreement on use of the property, etc., but

this has to be checked against local codes, and must be drafted very carefully

to cover all contingencies and to bind future buyers. An agreement like this may actually

decrease the value of the house, as few purchasers want to buy into an arrangement like that (except

in some areas where they are fairly common). A long term lease may meet some of your goals equally.

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Answered on 5/20/99, 8:04 pm


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