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Partition by sale by spouse in California

2 Answers. Asked on Mar 03rd, 2017 on Real Estate - California
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I am a 75% owner in appartments my husband is a 25% owner. Regrettably I do not have a contract and am allowed no control. Can a spouse pursue partition by sale in California and what would be the legal fees?
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Answered on Mar 11th, 2017 at 12:53 PM

Sam is correct about partition. You also have another choice, an action for an accounting. Tenants-in-common have a right to their percentage shares of the income from a property rented to others. The owner collecting the rents can deduct reasonable expenses, but must account for the revenues collected and spent and pay you your share. This remedy is also available if you own the property as a corporation, limited partnership or limited liability company, but the right to distributions might be more complicated.

An advantage of an accounting is that it does not result in selling the property or one of you buying out the other. The disadvantage is that you still both own the property together.

Dana Sack


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Answered on Mar 03rd, 2017 at 12:22 PM

Yes, any co-owner of property can sue for partition.  The percentage of ownership is irrelevant.  There is little to no defense to a partition action and the more you fight, the less money everyone has.  You can buy out the co-owner's share or sell it and get your portion of the proceeds.

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Real Estate
Real estate attorneys can help individuals, families and small business with all property-related legal issues. Buyers and sellers of residential and commercial real estate should work with an attorney to negotiate the terms of agreement; draft and review the contract; review related paperwork (such as loan agreements); clear existing liens on a property; and attend the closing. Lawyers can also assist property owners with addressing zoning/rezoning issues and appealing property tax assessment. Landlords and tenants should work with real estate law firms to draft and review lease agreement, handle eviction proceedings and resolve landlord-tenant disputes.
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