Disclaimer: This is not legal advice. For personalized guidance, consult a licensed California attorney.
Detailed Answer
When co-owners disagree on sale logistics or cost sharing, California law offers several remedies. You can pursue a court-ordered partition, seek cost contributions, negotiate a buyout, or use alternative dispute resolution.
1. Court-Ordered Partition
Under California Code of Civil Procedure §§ 872.010–875.020, any co-owner may file a partition action. The court can:
- Divide the property physically among owners (CCP § 873.020).
- Order a public sale and split proceeds (CCP § 874.010).
- Apportion sale costs equitably (CCP § 875.020).
2. Contribution and Accounting
If one co-owner pays expenses—such as taxes or repairs—Civil Code § 1007 allows you to demand a fair share. You may request an accounting and cost contribution from other owners (Civ. Code § 1007).
3. Buyout Agreement
A co-owner can offer to buy out others at fair market value. Use a licensed appraiser to set value. Draft a written agreement detailing payment terms, closing date, and transfer obligations.
4. Alternative Dispute Resolution
Co-owners may choose mediation or arbitration. ADR often costs less than litigation and preserves relationships. You can use private mediators or court-annexed programs.
Helpful Hints
- Review any written co-ownership agreement for existing dispute resolution clauses.
- Document all expenses and communications with co-owners.
- Obtain a neutral property appraisal before discussing buyouts.
- Consider informal negotiation or ADR to avoid court costs.
- Consult an attorney early to understand procedural requirements for partition actions.