Legal Question in Real Estate Law in California

Re: selling a personal residence

Yes, but not how you have the facts set up. The interest of the owner who dies doesn't disappear, leaving only three owners. It goes to the deceased owner's successor (or heir). There are still four interest holders.

Any one of the four may at any time sue for partition and force a sale of the property. It is a somewhat complicated process, and during the process, one or more of the other owners may very well decide to sell their respective interests instead of go to a sale.

Re: selling a personal residence

Through court action. If you can't resolve it yourselves, feel free to contact me if you want legal help in doing so, if the case is in SoCAL.

Re: selling a personal residence

Yes. In fact, any one of several co-owners, whether joint tenants or tenants in common, can force the sale of the co-owned property at any time. The right to force a sale by filing a lawsuit for "partition" is not dependent on the number of owners or how many want to sell or how many don't.

There are relatively few defenses to a partition suit. Many partition suits are settled out of court before trial and judgment, because the reluctant co-owners see the inevitable result and would rather settle than endure the costs of a losing battle.

Please contact me if you would like to discuss representation in Northern California.

Re: selling a personal residence

If you are located in Orange, San Diego or Imperial counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: selling a personal residence

A partition suit may commenced at anytime. Contact me directly.