Under California law, a tenant in common who wants to force a sale of co-owned property when other co-owners refuse to sell must file:
Correct Answer
A) A partition action
Under California Code of Civil Procedure §872.210, any co-owner of property held as tenancy in common has the right to file a partition action. The court can order either a physical division of the property (partition in kind) or, if physical division is impractical, a sale of the property with division of proceeds (partition by sale).
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Related Topics & Key Terms
Key Terms:
Related Concepts
Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
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