How to Buy Out Sibling Co‑Owners of a Home in California
Buying Out Co‑Owner Siblings in California: A Practical FAQ Quick answer: To buy out siblings’ interests in a co‑owned California home you will (1) confirm each owner’s legal share, (2) get a current market valuation, (3) negotiate terms or offer a formal buyout, (4) arrange financing and prepare a written purchase agreement, and (5) complete […]
Read article →Can Co-Owners Force Sale of Family Property in California?
Detailed Answer Short answer: Under California law, a co-owner of real property (including family members who own property together) can ask a court to force a sale by filing a partition action. The court will decide whether to physically divide the property (partition in kind) or order a sale and divide the proceeds. Courts prefer […]
Read article →California: Rights When a Co-Owner Lives on the Property Under a Life Tenancy
FAQ: What rights do I have when a co-owner is living in property under a life tenancy and occupying it? Short answer Under California law, a person who holds a life estate (a life tenant) generally has the right to possess and use the property during their lifetime. A co-owner who holds a future interest […]
Read article →California — Can a Life Tenant Stay in the Home During a Partition?
Can a life tenant stay in the home while a partition action is pending (California)? Detailed answer — What California law generally allows Under California law, a life tenant normally keeps the right to possess and occupy property during the life estate. In other words, if your ownership interest is a life estate (you have […]
Read article →How to File a Partition Action in California When Co-Owners Won’t Respond
Filing a Partition Action in California When Co-Owners Don’t Respond Short answer: If you (or an heir) own real property in California with co-owners who won’t cooperate, you can ask the Superior Court in the county where the property sits to force a partition (division or sale). You must name all owners in the lawsuit, […]
Read article →California: What Happens When a Court-Appointed Commissioner Conducts a Private Sale in a Co-Owner Dispute
Detailed Answer When co-owners cannot agree on what to do with jointly owned real property, California law allows a court to order a partition. Partition can take two main forms: physical division (partition in kind) or sale of the property with division of the proceeds. If the court orders a sale, it can appoint a […]
Read article →California: Forcing Sale of an Inherited Parcel When a Co-Owner Refuses to List
Disclaimer: This is general information only and not legal advice. For advice specific to your situation, consult a California real estate or probate attorney. Detailed Answer If you and a family member co-own an inherited parcel in California and that co-owner refuses to list or sell, California law provides a clear remedy: a partition action. […]
Read article →California: Paperwork Needed to Prove House Expenses in a Partition Case
Detailed Answer Short answer: To prove expenses paid for a house in a California partition action you should gather contemporaneous, authenticated receipts and invoices, proof of payment (cancelled checks, bank or credit‑card statements, wire confirmations), contractor contracts and change orders, building permits, photos, and any business‑record declarations or custodian testimony that link those documents to […]
Read article →California: Including Mortgage, Property Taxes, and Carrying Costs in Your Share of Sale Proceeds
Detailed Answer Short answer: sometimes — but not automatically. Under California law, whether you can deduct the mortgage, property taxes, insurance, HOA fees, and other carrying costs you paid from your share of sale proceeds depends on (1) who holds title (co-owners vs. sole owner), (2) whether the lender is paid off at closing, (3) […]
Read article →California: How to File a Partition Action to Force Sale of a Co-Owned Home — FAQ
Detailed Answer — Understanding and Pursuing a Partition Action in California This section explains, step by step, how a co-owner can force the sale of real property in California when a co-owner refuses to agree. The explanation assumes no prior legal knowledge. This is a general guide only and not legal advice — consult a […]
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