Legal Question in Real Estate Law in California

Re: Unmarried property co-owners

A Partition action would be filed to force the sale of the unit. Please call me for free consultation

Re: Unmarried property co-owners

Several factors need to be considered:

(1) When co-tenants (people who share ownership of property as joint tenants or tenants in common) cannot agree, either can sue the other for 'partition.' Traditionally, the action asked the court to divide the property physically, but this was more practical when most of us lived on farms, so nowadays the court more often orders the property sold and the net proceeds divided.

(2) The ownership of the property is not necessarily 50-50, and even if the deed reflects 50-50 ownership, that is not necessarily the way it will come out in a partition or other suit over the property. For example, under a principle called 'purchase money resulting trust,' if you put up 75% of the down-payment and the other party put up only 25%, the ownership might be treated as 75-25 regardless of the deed or subsequent loan payments.

(3) The outcome of a partition suit may properly reflect enforcement of any contract between the co-owners, particularly if the contract is written, but oral and/or implied contracts can also be given some weight.

(4) If there is a loan on the property, you must consider the lender's terms and rights. Often, the lender must look to the property alone and cannot come after the borrower(s) individually for any deficiency in the collateral, but this is not always the case.

(5) If you gave each other rights of first refusal, options, or anything of this ilk, that can be a defense to a partition action.

(6) Partition actions can become expensive in terms of legal fees and marketing of the property under involuntary conditions. Therefore, many partition cases are settled out-of-court not long after filing, when the recalcitrant party sees the handwriting on the wall.

(7) After the case of Marvin v. Marvin, courts look at a variety of rights, issues and possible remedies in unmarried couple split-ups. Family law is generally inapplicable, but ordinary contract and partnership law may apply to various aspects of your relationship and property.

Your ZIP code suggests you are in Oakland; I could economically and conveniently handle this matter for you if legal action becomes necessary. Please call if you have further questions.