California Partition Law Blog
No, not unless they want to convert their own, singular interest into two or more shares. The reason for this is that grantors in a deed can only convey what they already own. If two tenant in common co-owners want to make themselves joint tenants, then they can collectively convey their interests to themselves in a deed. This works because, together, they own the whole property.
But if one co-owner conveys the property to himself, and declares that he is now a joint tenant, that doesn’t work. Only half the property is being conveyed, and only one person is receiving the property. This does not meet the requirements of California’s Civil Code, which requires that a joint tenancy vest in two or more persons with equal shares. (Civ. Code § 683.)
Can a Tenant in Common Force a Sale?
Generally, married couples who buy homes in California are afforded certain rights and protections under California law. These rights and protections do not necessarily apply to unmarried couples who own property as tenants-in-common. Unmarried couples can still take further steps to protect their property rights.
A “TIC” Agreement is a contractual agreement between tenants in common to real property. Because each tenant in common is a co-owner of the property, these agreements can help spell out the rights of each, preventing future disputes over payment or occupation. And, if the dispute cannot be prevented, the agreement, acting as a binding contract, provides a clear guideline for a judge to use in a court action, ensuring that the lawsuit moves along as quickly as possible.