Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When multiple heirs inherit real estate in California without explicit instructions creating a joint tenancy, they become tenants in common. Each co-owner holds an undivided interest in the entire property, regardless of whether one heir lives there and another wants to sell. Key rules apply:
1. Right to Possession
Under California law, every co-owner has the right to occupy and use the entire property. No co-owner can exclude another from possession—even if they do not share day-to-day living arrangements. See Civil Code §1000.
2. Contribution and Rents
If one heir lives on the property exclusively, that co-owner may owe the others a share of rent or “profits” derived from the property. Conversely, co-owners can seek contribution for expenses such as mortgage payments, property taxes, insurance and maintenance. See Civil Code §1007 and Civil Code §1008.
3. Partition Action
When co-owners cannot agree on occupancy or disposition, any co-owner may file a partition action in superior court. The court will first consider dividing the land physically (“partition in kind”). If division is impractical or unfair, the court orders a sale and splits proceeds according to each co-owner’s interest.
- CCP §872.210 – Who may maintain partition.
- CCP §873.010 – Procedure for partition actions.
- CCP §874.010 – Order for sale when partition in kind is impractical.
4. Alternatives to Litigation
Co-owners can avoid court by negotiating:
- Buyout: One heir buys the other’s share at fair market value.
- Tenancy Agreement: Set rent, sharing of expenses and maintenance responsibilities.
- Mediation: Use a neutral third-party to help reach a compromise.
Early communication and clear agreements can save time and legal fees.
Helpful Hints
- Confirm legal interests: Verify your percentage ownership via deed or probate documents.
- Obtain a professional appraisal: Establish current market value before negotiating a buyout.
- Document expenses and improvements: Keep receipts for taxes, repairs and mortgage payments.
- Discuss rent terms in writing: Protect all parties by memorializing occupancy fees and expense sharing.
- Consider mediation or arbitration: A faster, less adversarial way to resolve disputes than court.
- Consult a real estate attorney: For personalized guidance on partition actions and co-ownership agreements.