California Partition Law Blog
What is an Ouster (Civ. Code § 843)?
An ouster occurs when one tenant wrongful dispossesses or excludes another cotenant or cotenants from the common property. (Zaslow v. Kroenert (1946) 29 Cal.2d 541, 548.) Regardless of whether individuals share property as joint tenants or tenants in common, the property rights of cotenants are usually the same regarding possession. (12 Witkin, Summary 11th Real Prop § 41 (2023).) Each cotenant is entitled to share possession of the entire property and cannot be excluded from any part of the property by the other cotenant. (Id.)