tenant

Can One Co-Owner Take All of the Rent from the Property?

Published on: April 11, 2024 | By Underwood Law Firm, P.C.

underwood-co-owner-take-rent-property-300x300 Often, the question of distributing rent earned on a co-owned property arises in the context of cotenants. Cotenants have equal rights to possess their property with their fellow cotenants. This means that no one cotenant can exclude another from the property. One cotenant can, however, assign their right of possession to a third party.

This can happen when a cotenant rents out part of the property to a tenant. In this situation, the other cotenants still have the right to possess the property, but they do not have a right to exclude the tenant. The tenant is also prohibited from excluding the other cotenants from occupying the property.

How can a cotenant lease property they co-own?

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Can a Tenant in Common Force a Sale of Property in California?

Published on: September 15, 2023 | By Underwood Law Firm, P.C.

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.

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What is an Ouster?

Published on: August 18, 2023 | By Underwood Law Firm, P.C.

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.)

What Does an Ouster Require?

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