Co-owning property can lead to conflicts over maintenance, use, and financial responsibilities. When disputes arise, legal remedies exist to resolve disagreements and protect ownership rights.
Types of Co-Ownership
- Joint Tenancy: Equal ownership with survivorship rights, meaning that when one owner dies, the remaining owner automatically inherits the property.
- Tenancy in Common: Co-owners hold individual ownership shares and may sell their interest without the consent of others.
- Community Property: Property jointly owned by married couples under California law.
Common Causes of Co-Ownership Disputes
- One co-owner wants to sell while the other does not.
- Disagreements over financial contributions to the mortgage, taxes, or repairs.
- Conflict regarding rental income and property management decisions.
- Personal disputes affecting co-ownership decisions.
Legal Remedies for Co-Ownership Disputes
- Negotiation & Mediation: Parties attempt to resolve disputes amicably through discussion and mediation.
- Partition Actions: If co-owners cannot agree, one may file a partition lawsuit to force the sale or division of the property.
- Buyout Agreements: One co-owner can buy the other’s share to retain full ownership.
- Court Intervention: If no agreement is reached, the court may order a forced sale or set usage terms.
Proper legal guidance can help co-owners find equitable solutions that protect their interests while avoiding lengthy litigation.