Owning property with others can be a great investment and a chance to share the benefits of homeownership. However, it also comes with a unique set of challenges. Understanding your rights when co-owning a house is crucial to ensuring the experience remains positive and beneficial for all parties involved. The following is a look at co-owners rights, the common pitfalls you might encounter, and why having a California real estate litigation attorney with Shapero Law Firm on your side can help you protect your interests.
Co-owners generally have equal rights to the property unless a written agreement states otherwise. This means each person involved in the ownership has the right to use and enjoy the property, as well as share in financial responsibilities like mortgage payments, property taxes, and maintenance costs. But co-ownership also means shared decision-making. Every co-owner typically has the right to contribute to decisions about how the property is used, whether leased, sold, or improved. Disagreements can arise when co-owners aren’t on the same page about these decisions, leading to disputes that may require legal intervention.
While you might have gone into co-ownership with family, friends, or business partners, conflicts can emerge over time. Whether it’s a disagreement over how to use the property or what happens in the event of a sale, disputes can quickly spiral out of control. A Shapero Law Firm Los Angeles real estate litigation attorney can guide you through resolving conflicts and help enforce your legal rights as a co-owner. We understand the intricacies of property ownership laws in California and can provide strategic advice and representation if disputes arise, ensuring your rights are upheld.
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Decision-making is one key area where co-owners often clash. What happens when one person wants to make improvements to the house but the other doesn’t? Or, perhaps one owner is interested in renting out the property while the other prefers to keep it for personal use. The ability to make decisions about the property depends on how the ownership is structured. All parties generally need to agree on significant decisions in a joint tenancy. In a tenancy in common, co-owners may have more flexibility, but they must still respect each other’s rights. Without a clear, written agreement, decision-making can become a source of tension.
One of the biggest challenges in co-ownership occurs when one party wants to sell and the other doesn’t. In these cases, the co-owner interested in selling may attempt to force a sale through a partition action, a legal process that divides the property or compels its sale so that each owner can receive their share of the proceeds. While it sounds straightforward, partition actions can be complex and emotionally charged, particularly if one owner is opposed to selling. A California & San Francisco real estate litigation attorney can help you navigate the partition process, whether you’re initiating the sale or hoping to hold on to the property.
Leasing a co-owned property can offer additional income, but it’s another area where disagreements may arise. Can one co-owner lease out the property without the other’s consent? Generally, all co-owners must agree before leasing out the home or any portion of it, especially if the lease impacts the other owner’s use and enjoyment of the property. If the co-owner is leasing the property without your permission, you may need to take legal action to protect your rights. A Shapero Law Firm lawyer can advise you on the best action in such cases.
It’s not uncommon for disputes to occur between co-owners. You may disagree about how to maintain the property, whether to make improvements or how to divide financial responsibilities. In some cases, one co-owner may refuse to contribute to the mortgage or property taxes, burdening the others. When co-owner disputes arise, we can help mediate the situation, guiding the parties toward a resolution that protects your financial and property interests. They can also represent you in court to resolve disputes that can’t be settled amicably.
If you’re facing challenges in co-owning property, don’t wait for the situation to escalate. Contact a Shapero Law Firm California real estate litigation attorney today to discuss your options and how we can help protect your rights. Whether it’s resolving disputes, partitioning the property, or handling unauthorized leasing, we’re here to assist you every step of the way. Learn more about how we can help by using our online form or calling 415-273-8015.
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With over a decade of litigation experience, Attorney Sarah Shapero, founder of Shapero Law Firm, has secured seven-figure jury trial wins and saved countless homes from foreclosure. A Super Lawyer and Lawyer of Distinction, she brings expertise in foreclosure, employment, and bankruptcy law, practicing in California and federal courts.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Sarah Shapero who has more than 10 years of legal experience as a real estate attorney.
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