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Property Ownership Land Use ControlsEstates_and_property_typesMEDIUM

Three friends — Alex, Brian, and Chris — own a vacation cabin in Lake Tahoe, California as tenants in common. Alex owns 50%, Brian owns 30%, and Chris owns 20%. Alex wants to sell his share, but Brian and Chris refuse to agree. What are Alex's options under California law?

Correct Answer

B) Alex can sell his 50% interest to any buyer without Brian's or Chris's consent

Under California law, each tenant in common has the right to independently sell, transfer, or encumber their own interest without the consent of the other co-owners. Alex can freely sell his 50% interest to any willing buyer. The new buyer would then become a tenant in common with Brian and Chris.

Answer Options
A
Alex must wait until Brian and Chris agree to sell because all tenants in common must consent
B
Alex can sell his 50% interest to any buyer without Brian's or Chris's consent
C
Alex must first offer his share to Brian and Chris under California's right of first refusal law
D
Alex can force Brian and Chris to sell the entire property at market value by filing with the DRE

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Related Topics & Key Terms

Key Terms:

tenancy_in_commonright_to_sellpartitionco_ownership
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