Legal Question in Real Estate Law in California

You can ask anything you like. If the parties can't agree, any one owner can file suit to 'partition' the property through a sale forced by court order. If serious about taking such legal action, or getting mediation help based on the threat of litigation, feel free to contact m.e

You cannot force her to do any of those things. As Mr. Nelson alludes to, your option is a lawsuit for partition. That will force a sale of the property, unless she agrees to one of your other alternatives.

The very first thing I would do here is verify the status of title, including whether the loans that have been taken against the property properly reflect that they only encumber your sister's half interest. If there are any irregularities in title, you have two problems, not one, and you'll be doing a possibly complex quiet title action along with a partition action.

Next, II agree with Mr. McCormick that you cannot force your sister to buy you out, sell to you or pay rent. However, you do have a right to "concurrent possession" with your sister. I would say that you should take a close look at Civil Code section 843, and consider making a written demand for shared possession. Your sister's continued sole occupancy of property you co-own, and her refusal to give you "concurrent possession," may entitle you to money damages, which presumably could or should be equivalent to the rental value of your half.

Finally, you can sue for partition. This is the ultimate remedy for an unhappy co-owner of property. There are few defenses, and partition is deemed to be close to an absolute right. The mere filing of a partition suit usually results in negotiations, and out-of-court settlements are common.

If a partition suit is fully litigated, the court will first hold a trial to determine the status of title and the right of the plaintiff to partition. This results in an interlocutory decree of partition, which is then followed by sale of the property. The net proceeds of sale are then divided between the former co-owners after further court proceedings in which evidence is takes as to whether, and how much, of the proceeds should, in fairness, be re-allocated among the former owners to compensate for someone's payment of more than their fair share of the mortgage, taxes, insurance and necessary maintenance.

I specialize in quiet title, partition and easement issues, and could economically handle this case for you anywhere in California. Please contact me for further (free) consultation.