[CA] [CA] I own my personal residence with my partner as joint tenancy with rights of survival. If we separate, what can I do to protect my rights?
I need to speak with a real estate attorney.
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If your partner refuses to sell the property, then you may file a Petition for Partition and obtain a court order that forces the sale of the jointly owned property. The procedures for such actions are governed by the California Code of Civil Procedure (CCP § 872.010–874.240).
A court-ordered sale of the property would result in the proceeds being divided according to ownership interests.
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I need to speak with a real estate attorney.
Lexi, Chatbot
I understand you're looking to speak with a real estate attorney. Can you please tell me what specific issue or question you need assistance with?
I own my personal residence with my partner as Joint tenancy with rights of survival. If we separate, what can I do to protect my rights?
Lexi, Chatbot
Are you facing any legal challenges related to a property purchase, sale, rental agreement, landlord-tenant dispute, or any other real estate matter?
Property ownership.
Lexi, Chatbot
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with property ownership.
No.
Jessica B
Thank you for choosing AskaLawyer! My name is Jessica, I am a licensed attorney that will be assisting you with your question.
I am so sorry you are separated. Are you looking to remove the joint tenancy rights and own your 50% in your sole name?
Hi Jessica, we are not separated yet but we might... I'm on the title as a 50% owner. Just not sure what I can do if my partner decides not to sell the house.
Jessica B
Is he willing to buy you out?
Nope.
If I leave the house, will I be liable for 50% maintenance, insurance, taxes...? Right now, he's paying for everything.
Jessica B
If your partner refuses to sell the property, then you may file a Petition for Partition and obtain a court order that forces the sale of the jointly owned property. The procedures for such actions are governed by the California Code of Civil Procedure (CCP § 872.010–874.240).
A court-ordered sale of the property would result in the proceeds being divided according to ownership interests.
Oh, great! Is it really possible?
Jessica B
Yes, it happens all the time.
How can I do that? I'm in CA.
Jessica B
The best is by hiring a civil attorney to prepare and file the lawsuit since the forms are not provided by the court.
What about the expenses?
Jessica B
You may ask the court to reimburse you for 50% you have paid since separating.
No, I didn't pay. He's been paying for everything. Can he charge me for 50%?
Jessica B
Yes.
How can I protect myself? He has agreed to pay for everything and has been doing it from the beginning. The house expenses are very expensive...
Jessica B
You need to file your Petition as soon as possible to begin the process.
Can he charge me for the past years that he was paying?
Jessica B
No, not if you have proof of an agreement.
No agreement in writing, just oral...
Jessica B
Usually the court goes from the date of separation.
OK, thank you so much.
Am I liable or not from the date of separation?
Jessica B
More than likely if there is no proof of an agreement then the court could hold you liable for 50% of the expenses since separation.
Thank you Jessica.
Jessica B
No problem. You may favorite my profile so that you may be directly connected to me with any future questions. Thank you!
How do I do that?
Jessica B
It will be in your email. Thank you.
Jessica B
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