Legal Question in Real Estate Law in California

part owner of house

Because of my divorce I am part owner in a house and 9 acres...can I sell my half without having to get the other owner to sell also?


Asked on 5/19/08, 11:51 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: part owner of house

Yes, your half ownership is freely transferable, but usually the market for part interests in real property is pretty terrible, and you might be better off partitioning the property in court, or cutting a deal with the co-owner out of court.

The reason is that half interests are undivided, and each owner is entitled to possession of the entire 9 acres, and every room of the house. Now, if one co-owner is already in possession of a room or an acre, the other can't use self-help such as threats or violence to enforce his or her right to shared possession, but it can be done in court, so very few buyers would want a 1/2 interest with a stranger!

Market realities aside, it's perfectly legal; of course, you need to disclose all the facts to a buyer.

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Answered on 5/19/08, 12:09 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: part owner of house

In theory yes. As a practical matter, probably not for its real value. You can force your co-owners to buy you out or to sell and divide the proceeds. It is called a right to partition. Any civil attorney that does real estate can assist you.

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Answered on 5/19/08, 12:22 pm


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