[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?
April 24, 2025
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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.
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?
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.
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.
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.
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.
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?
Yes, it happens all the time.
How can I do that? I'm in CA.
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?
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%?
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...
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?
No, not if you have proof of an agreement.
No agreement in writing, just oral...
Usually the court goes from the date of separation.
OK, thank you so much.
Am I liable or not from the date of separation?
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.
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?
It will be in your email. Thank you.
