California Partition Law Blog
Can a Tenant in Common Force a Sale?
Yes. Tenants in common (TIC), as co-owners of real property are entitled to try and force a sale of that property by filing a lawsuit called a partition. Like many other aspects of the law, however, this is easier said than done. Many issues can arise during a partition suit, so having the right attorneys by your side can make all the difference.
At Underwood Law Firm, our attorneys are well-versed in all forms of co-tenancy and partitions. The rights and duties that follow each of these ownership schemes are unique, making them a key issue in real estate litigation.
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.