cotenants Archives

Can One Co-Owner Take All of the Rent from the Property?

Published on: April 11, 2024 | By Underwood Law Firm, P.C.

underwood-co-owner-take-rent-property-300x300 Often, the question of distributing rent earned on a co-owned property arises in the context of cotenants. Cotenants have equal rights to possess their property with their fellow cotenants. This means that no one cotenant can exclude another from the property. One cotenant can, however, assign their right of possession to a third party.

This can happen when a cotenant rents out part of the property to a tenant. In this situation, the other cotenants still have the right to possess the property, but they do not have a right to exclude the tenant. The tenant is also prohibited from excluding the other cotenants from occupying the property.

How can a cotenant lease property they co-own?

Continue reading →

Can a Tenant in Common Force a Sale of Property in California?

Published on: September 15, 2023 | By Underwood Law Firm, P.C.

Can a Tenant in Common Force a Sale?

Yes. Tenants in common (TIC), as co-owners of real property are entitled to try and force a sale of that property by filing a lawsuit called a partition. Like many other aspects of the law, however, this is easier said than done. Many issues can arise during a partition suit, so having the right attorneys by your side can make all the difference.

At Underwood Law Firm, our attorneys are well-versed in all forms of co-tenancy and partitions. The rights and duties that follow each of these ownership schemes are unique, making them a key issue in real estate litigation.

Continue reading →

What happens when a co-owner refuses to pay their share of the mortgage? ((Wallace v. Daley (1990) 220 Cal.App.3d 1028.)

Published on: February 1, 2023 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-300x300
In California, cotenants are obligated to pay for their portion of common costs. A huge part of owning property jointly is “splitting the bill,” so to speak. From Property taxes to mortgage payments to utilities, the list goes on and on in terms of what all cotenants are responsible for. But that does not mean that each co-owner has to pay an equal share, or always does. And not every property-related expense is one which every cotenant must share in.

Perhaps due to all these various rules and unforeseen responsibilities, joint-ownership arrangements can often fall apart. All it takes is one delinquent mortgage payment to crater the credit scores of all parties involved. In these situations, a co-owner’s best option is a partition action where they can recover their share of overpayments. The Underwood Law Firm is familiar with these matters, and our team has the legal acumen and skills necessary to help you with the process.

What are common costs?

Continue reading →