Legal Question in Real Estate Law in California

Re: joint property ownership

All co-owners, whether they hold as tenants in common or as joint tenants, have the right of possession of the entire property. However, when one co-owner is in possession and the other is out of possession, the one out of possession, although entitled to shared possession of the entire property, cannot resort to extralegal means (self-help) to regain possession.

The co-owner in possession can also use, rent or lease part or all of the property to a third party. When that happens, the co-owner in possession does not have to pay rent to the co-owner out of possession for his own occupancy and use, but on the other hand must share net profits from renting or leasing to third parties with the co-owner out of possession.

The Civil Code provides a remedy for a co-owner who is being denied the co-possession to which he or she is entitled, the term for which is "ouster." An ousted co-owner may serve written notice on the co-owner in possession demanding prompt sharing of possession. Failure to give co-possession then results in a claim for damages. See Civil Code section 843.

So, yes he can do it, and no, it isn't a sublease, it is a lease. However, he must share the rents with you, and if you were to force yourself back into co-possession through use of CC 843, the new tenant could find himself or herself with a new roommate - you.

Re: joint property ownership

Mr. Whipple has already given a competent and thorough answer.

Follow his advice.

I would like to add that it is apparent that a bitter relationship has developed between you and partner. That doesn't count for anything in a court of law. It has been said many times about the break-up of bitter relationships that only the lawyers win.