Legal Question in Real Estate Law in California

It is your right to refuse to sell your half, . . . up to a point. If she can find a buyer who wants to buy a half interest, she could sell it without you; you would then be stuck being 1/2 owner with a stranger. That gets REALLY messy. She could also file what is called a "partition" action. In the old days and with larger estates, the courts would literally divide the property in half - you get the north 40 acres and your sister gets the south 40. Between modern subdivision law, and modern residential parcels, and even condo units and the like, the courts cannot do that anymore. So what they do is they order "partition by sale." The sheriff is ordered to sell the property at auction, like in a foreclosure; costs are paid and the net proceeds are split. Of course that costs more and yields less than selling on the open market, so when one owner files a partition action, that usually very quickly leads to an agreement to sell, OR some other arrangement. If the party that does not want to sell can afford a fair price, they will often buy the other party's half. Sometimes a new partner can be found to buy out the departing seller. If neither of those solutions can be used, however, the party who does not want to sell eventually must capitulate and participate in selling the property to minimize losses and get the most possible cash out of the property.