What Can I Do If a Co-Owner Refuses to Sell or Buy Me Out?

Question from Peaches, What Can I Do If a Co-Owner Refuses to Sell or Buy Me Out?

Answer from AI:

Inheriting property with another person can sometimes lead to disagreements, especially if one party wants to sell and the other does not. If you find yourself in this situation in California, there are several steps you can take to resolve the issue.

Understanding Co-Ownership

When you inherit property with another person, you typically become co-owners. In California, this is often in the form of either joint tenancy or tenancy in common. Each type of co-ownership has different legal implications:

• Joint Tenancy: Each co-owner has an equal share, and there is a right of survivorship, meaning if one owner dies, their share automatically goes to the surviving co-owner(s).
• Tenancy in Common: Each co-owner can own different percentages of the property, and there is no right of survivorship. Each owner can bequeath their share to heirs.

Options for Resolving Disputes

If your co-owner refuses to sell or buy you out, you have several options:

1. Negotiation: Try to negotiate a mutually agreeable solution. This could involve mediation, where a neutral third party helps facilitate a resolution.
2. Partition Action: If negotiation fails, you can file a partition action in court. This legal process can result in either:
   • Partition in Kind: The property is physically divided between the co-owners, which is more common with large parcels of land.
   • Partition by Sale: The property is sold, and the proceeds are divided among the co-owners according to their ownership shares.

Filing a Partition Action

To file a partition action, you will need to:

1. Hire an attorney experienced in real estate law to help you navigate the process.
2. File a complaint in the appropriate California Superior Court.
3. Provide evidence of your ownership and the inability to reach an agreement with the co-owner.
4. Attend court hearings and possibly a trial, where a judge will decide the best course of action.

Legal Considerations

When considering a partition action, keep in mind:

• Costs: Legal fees and court costs can be significant. These costs are usually deducted from the sale proceeds if the property is sold.
• Time: The process can be lengthy, sometimes taking several months to years.
• Market Conditions: The value of the property can fluctuate, affecting the final sale price.

Consulting a Legal Professional

Given the complexity of partition actions and the potential for significant financial implications, it is crucial to consult with a legal professional. An attorney can provide personalized advice based on your specific situation and help you understand your rights and options.

For more information, you can refer to the California Code of Civil Procedure sections on partition actions, such as [CCP §872.010-§874.240](https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=10.5.&part=2.&chapter=&article=).

Remember, while this guide provides a general overview, each case is unique, and professional legal advice is essential for navigating your specific circumstances.