Joint property ownership in California is when two or more people own a property together. Each joint owner holds an equal stake in the property. This stake comes with both rights and responsibilities. Unfortunately, joint property ownership outside of marriage often results in disputes, even when joint owners are related. Joint property ownership disputes in California are common and can be very emotional.
In contrast, co-ownership in California can be between two or more entities of any type, including individuals, companies, and nonprofit organizations. Co-owners may not have equal shares. Each co-owner holds a financial interest in the property based on their investment.
Married joint owners of property in California will have the property divided during divorce proceedings rather than through the process for joint ownership disputes, and are not covered here.
Common Types of Joint Property Disputes
The most common types of joint property disputes to go to California court in a partition action are when one owner wants to sell and the other doesn’t, or when one joint owner simply doesn’t want to be financially tied to the other owner or owners. These disputes are usually settled by forcing all joint owners to sell and dividing the proceeds.
However, there are several other types of disputes that can likely be handled without going to court. These include:
- Disagreements over how to divide or invest profits from the property, such as rents earned
- Disagreements on how to use the property, such as leasing, farming, etc.
- Disagreements over what joint owners are responsible for what related expenses and improvements to the land
- Activities being carried out by a joint owner that keeps another owner from enjoying the property in peace as they should be able to do.
Legal Rights of a Joint Owner of Property
Many joint property disputes result from joint owners being unaware of their rights and responsibilities. Sometimes the answer to a joint ownership property dispute can be found in looking at these rights. A partition attorney in California can resolve these disputes quickly without going to court.
The most important right of jointly owned property is the right of survivorship. Any joint owner can designate a beneficiary to inherit their interest in the property when they die. However, if no beneficiary is designated the interest is divided among the surviving joint owners.
The other right that most joint property owners do not understand is the right to possession of the joint property. This means every joint owner has the right to occupy or use every part of the property. No joint owner has the right to exclude other joint owners from accessing an area unless it has been agreed upon in advance. All agreements should be in writing.
Other commonly known rights of joint property owners include an equal share of income from the property, equal division of expenses and property improvements, and equal share of proceeds if the property is sold.
How to Resolve Joint Property Ownership Disputes
Joint property ownership in disputes rarely need to be taken in front of a judge in California. Most of these disputes can be resolved by sitting down with an attorney acting as a mediator. The mediator will help joint owners to settle issues such as right to possession, expense sharing, or profit sharing. These agreements will be drawn up in a joint property ownership agreement that will be legally binding to avoid disputes in the future without needing to sell the property.
Other joint ownership property disputes can only be settled by dividing or selling the property. These cases may also be settled out of court with the help of an experienced California real estate attorney. However, if the parties cannot agree on selling or dividing the property, a partition action must be filed with the courts. A petition action should not be filed by individuals without representation because an error in your claim could result in an unfavorable outcome.
FAQs
Can I force the sale of a jointly owned property?
Yes, you can force the sale of a jointly owned property when you no longer want to have an interest in the real estate. A joint owner wanting to sell should attempt to make an agreement with the other joint owner or owners before hiring an attorney for a partition action. If the joint owners will not sell, a partition action asks the court to force the sale and divide the proceeds equally.
Can a jointly owned property be sold by one owner?
No, a jointly owned property cannot be sold by one owner. All joint owners must agree to sell the property, and all joint owners have the right to an equal share of the proceeds from the sale.
Can joint ownership be contested?
Joint ownership is generally cut and dry, but there can be some instances in which joint ownership could be contested. For example, joint owners have the right to appoint an heir to take control of their ownership claim in the jointly owned property. If a surviving joint owner believes that an heir has fraudulently claimed the deceased owner’s share in the property, they may dispute that heir’s claim.
How can I get my shares out of a joint property?
Your shares of a joint property cannot be sold to individuals or entities outside of the joint ownership agreement. The best way to get your shares out of a joint property is to sell your interest to the other joint owners. If the other joint owners refuse to buy your shares you can force the sale and division of the property through a partition action.
Is a property dispute a civil case?
Yes, a joint ownership property dispute is a civil case. It can be resolved through mediation and formal written agreements or by going to court and asking a judge to take action and resolve the matter.
What happens if one person wants to sell a house and the other doesn’t?
The best solution when one person wants to sell a house and the other doesn’t is for the first owner to sell their interest in the property to the other owner. If the other joint owner does not want to sell but also cannot purchase the others share, they may agree to shift the property ownership from joint ownership to co-ownership. In a co-ownership agreement, co-owners can sell their share of the property to whomever they wish.
Get Help from an Experienced Los Angeles Joint Property Dispute Attorney
When joint property disputes arise, hiring an attorney to represent you is vital for protecting your financial interests as they pertain to the property. No one should try to settle joint ownership disputes without an experienced partition attorney in California. Our attorneys not only settle joint property disputes, they also draft joint property ownership agreements to prevent disputes in the future. Contact us today to schedule a consultation.
