Legal Question in Real Estate Law in California

Re: joint tenants breaking up relationship

You can, first, do a quit claim deed to yourself, breaking the joint tenancy.

To sell the property, if he does not agree, you will have to file a partition action.

Re: joint tenants breaking up relationship

If he will not agree to sell the property you must, unfortunately, bring an action in court to force a sale, called a "partition action".

In the meantime, since you are "finished" you will likely want to change your title from "joint tenancy" where he would automatically have full title if you die, to "tenants in common" meaning that upon your death your share goes to your heirs.

Let me know if you would like to discuss the matter.

Caleb

Re: joint tenants breaking up relationship

A partition action. Call me directly at 16192223504.

Re: joint tenants breaking up relationship

I have handled a lot of these cases, including one in which I was a co-owner with two others of a 486-acre ranch. That case was acrimonious and gave me reason to research and learn every aspect of the law respecting break-up of relationships where real property was co-purchased.

In general, a partition lawsuit is the way to go, and they can indeed be time-consuming and expensive. However, my experience has been that in most cases an originally-reluctant co-owner will be brought to the bargaining table by the mere filing of a lawsuit, and the attendant need to pay for its defense. Therefore, most partition suits settle out-of-court before trial and judgment.

One common pattern is for the parties to stipulate in court to a voluntary sale on normal commercial terms at an agreed price and with minimal (or no) court supervision. Most of the net proceeds of sale are split at close of escrow. Then, if there are remaining economic issues between the parties, some funds retained in escrow are later divided based upon the outcome of an arbitration over those issues.

Such issues might arise where, for example, one member of the couple had contributed more than his/her share of necessary outlays for mortgage, property tax, insurance or maintenance costs.

Another area that needs to be explored is whether you are entitled to more than just 50% of the equity. (This is a separate question from mere entitlement to reimbursement for excess payments). If you contributed more than 50% to the down payment, your share of ownership may be different from that shown on, or implied by, the deed (joint tenancy is always equal legal shares). Under the principle of purchase-money resulting trust, you may own a 100% equitable interest if you paid 100% of the down payment, regardless of how title is held or what the deed says. Likewise, if you paid 70% of the down-payment, that could make you a 70% owner, and so on, but the existence of a resulting trust needs to be pleaded and proven in court.

I would be pleased to offer you a free consultation to discuss how to retrieve the maximum cash out of this property with the least possible cost and delay.