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?


Asked on 5/11/99, 11:21 pm

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

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.

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Answered on 5/18/99, 9:12 pm


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