California Joint Tenant Ca For Sale
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FAQ
In case of mutual consent. Irrespective of whether the property is being divided amongst family members, business associates, friends, or others, a partition deed must be signed between the co-owners (co-owners can be more than two). The property is divided based on an investment, a will, or a mutual agreement.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
Generally, to establish a joint tenancy a fourfold unity must exist: interest, title, time, and possession. Joint tenants have the same interest, acquired by the same conveyance, commencing at the same time, and held by the same possession.
No, a jointly owned property cannot be sold by one owner. All joint owners must agree to sell the property, and all joint owners have the right to an equal share of the proceeds from the sale.
The four unities can be thought of as four requirements that need to exist simultaneously for a true joint tenancy estate to be created. Those four requirements are interest, time, title, and possession.