Legal Question in Real Estate Law in California

Do you and your son hold title as tenants in common? There are rules that govern reimbursement for expenditures for improvements and property taxes on property held in tenancy in common. A right of contribution exists in favor of one cotenant who pays liens or other taxes against the entire property. If the property is income producing, meaning it is rented out to third parties, those expenditures may be deducted from the rents and profits on the property. The paying cotenant is also entitled to an equitable lien on the shares of the nonpaying cotenants for the proportional amount of any expenditures.

Cotenants are also entitled to contribution for the cost of repairs. If one cotenant makes improvements on common property, however, the paying cotenant cannot assert a lien for contribution unless the nonpaying tenant assented to the improvements.