There are many relationships a person can have with real property. The main relationships where a person has some sort of claim to real property are those of a tenant, a co-owner, and a squatter.
Each of these terms mean something different under California law. As a result, one’s relationship to the real property will affect one’s rights to that property, and what one can do with that property.
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.
What is an Ouster (Civ. Code § 843)?An ouster occurs when one tenant wrongful dispossesses or excludes another cotenant or cotenants from the common property. (Zaslow v. Kroenert (1946) 29 Cal.2d 541, 548.) Regardless of whether individuals share property as joint tenants or tenants in common, the property rights of cotenants are usually the same regarding possession. (12 Witkin, Summary 11th Real Prop § 41 (2023).) Each cotenant is entitled to share possession of the entire property and cannot be excluded from any part of the property by the other cotenant. (Id.)
California Partition Law Blog