Legal Question in Real Estate Law in California

can I sign a Residential Listing agreement without my joint own(sister) signing if she refuses to return calls back or sign agreement?


Asked on 7/28/15, 1:32 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In my opinion, you cannot sell a greater interest than you own; in this case, probably a half interest, although joint tenancies are usually 50-50 and tenancies in common are often 50-50 but can be otherwise. So, technically you can list and sell your part interest, but I can assure that the market for part interests in residences is almost nonexistent. I would definitely advise against attempting to sell a 100% interest in property unless you are the 100% owner or hold an unrevoked agency or power of attorney to act on behalf of the other(s). About an hour ago I provided a LawGuru participant with a discussion of "partition actions" which are specialized lawsuits used to force the unwinding of co-ownership of property when one owner wants out and the other(s) do(es) not. You should look it up; I think partition rather than a listing is your preferred approach.

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Answered on 7/28/15, 2:41 pm

I agree with Mr. Whipple. You can only list and sell your share without your co-tenant's participation, The only way to force a sale of an entire property when less than all the owners want to sell is a partition action.

Just for future readers of this thread, I would also add a correction or at least clarification to Mr. Whipple's answer: Joint tenancies must be in equal shares and therefore must be 50-50 between two owners,not "usually" 50-50, but of course they would be 33.3333% shares if three owners, 25% among four, and so on. Tenancies in common can be in any equal or unequal fractional shares that add up to 100%.

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Answered on 7/28/15, 3:51 pm


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