Legal Question in Real Estate Law in California
Tenancy in Common
If one 50% tenant in common wishes to sell, and the other 50% tenant in common doesn't, can the first force a sale of the entire property? Or can he sell only his 50%? Can you give me a cite to a California statute?
1 Answer from Attorneys
Re: Tenancy in Common
Unless you have an agreement otherwise, you can sell your 50% portion.
However, you have to find a buyer willing to purchase a 50% interest; this is
common for commercial or industrial property (in which basically the income
stream is purchased), but not very common for residential property.
If the two of you cannot agree on what to do, you may file a partition action. Despite
its name, the outcome is usually a forced sale of the property when the property is
a normal city lot; the court only divides (or "partitions") the property when the
parcel is large and can legally be split into smaller parcels. There are specific
requirements for partition actions, and I would advise that you hire an attorney.