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Tenancy in common refers to a contract wherein two or more parties enjoy the ownership rights to a particular piece of property that is divided among them. The partners or the co-owners are legally allowed to transfer their right of ownership to another person or give away their ownership interest at their will. This type of an agreement is slightly different from joint tenancy, where the right to survivorship is not granted to the successors of the owners after their death. Below are answers to few of the more common legal questions about issues related to this type of tenancy laws: What legal measures can be taken by the co-owners of a particular piece of property if one of the co-owners who own a major chunk of the property has failed to pay his due share of taxes, because of which the other co-owners had to pay three tax instalments on his behalf?
In a case like this, the co-owners have two possible options. The first option would be to file a lawsuit against the co-owner who defaulted on paying the tax and press charges against him. However, in the second option, they may approach the court and appeal for a partition of the property. Once that is done, they could have the court issue an order regarding the property sale and then recoup the tax amount from the proceeds they would receive out of the sale. In case, the amount retrieved for taxes is minimal, then the co-partners could press a charge against their defaulting partner in small claims court. This could be done without having taken a lawyer’s assistance. If there is need for more knowledge on this, one may visit http://www.courtinfo.ca.gov/selfhelp/smallclaims/. Is it lawfully permitted for a co-partner to forcibly sell a part of a property if the other partner is not willing to do so?
Most likely, in a case like this, a property can be sold if the co-partners file for a partition action from the court. Normally, if two or more people own a particular piece of property and end up in a disagreement over either managing or selling the property, they may approach the court to issue an action. This action could be filed by any one of the co-partners. The main purpose of this action is to request the court to pass an order for the division or forced sale of the property. A person, who is a co-owner of a particular piece of property, wants to sell his part. However, it seems he is only owner who wants to sell. In that case, can the co-owner sell his portion of the property to a third party who in turn could force the sale of the property in court?
Usually, a co-partner, who is the legal owner of a particular piece of property, has the right to sell his or her part whenever they want. In a joint tenancy agreement that is shared by four siblings if one of them decides to purchase the ownership rights of another, then is it possible that a joint tenancy could break?
Many times, if one of the co-partners purchases the ownership rights of another in a joint tenancy agreement, then it is likely, the tenancy would be broken. If this is the case, the rest of the owners would enjoy the lease without the benefits of joint tenancy that is there would be no right to survivorship. It is very important for every co-owner to understand the procedure of how a tenancy in common works. This would help in avoiding misunderstandings as well as complicated situations. For example, a particular co-owner might want to sell his or her part of the property whereas others may oppose the decision that may result into a conflict. Moreover, in this arrangement, it is not always necessary that the property would be equally divided among all the co-owners. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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