Co-owning property works best when all parties share the same goals. But when one co-owner refuses to sell, communicate, or cooperate, the situation can quickly turn from frustrating to financially damaging. This is a common problem in California, especially after divorces, inheritances, or failed business partnerships.
Fortunately, California law does not allow one co-owner to hold the property hostage indefinitely.
Why Co-Owners Refuse to Sell
A co-owner may resist selling for many reasons, including:
- Emotional attachment to the property
- Fear of losing housing
- Disagreements over price or timing
- Financial instability
- Personal conflict unrelated to the property
While these concerns may feel personal, they cannot override another co-owner’s legal rights.
Your Rights as a Co-Owner in California
Under California law, each co-owner generally has the right to possess the entire property and an absolute right to seek partition, unless that right has been expressly waived in writing.
This means:
- One owner cannot block a sale indefinitely
- Silence or refusal to cooperate does not defeat your rights
- Courts can intervene when negotiations fail
Legal Solutions When Agreement Is Impossible
1. Partition by Sale
The most common remedy. The court orders the property sold and divides the proceeds fairly after accounting for expenses, contributions, and misuse.
2. Accounting
If one co-owner collected rent or failed to pay expenses, the court can require a full financial accounting before proceeds are divided.
3. Court Oversight
The court can prevent further harm while the case is pending, ensuring one owner does not drain value or delay resolution.
Why Waiting Can Be Costly
Delays often result in:
- Continued property deterioration
- Missed market opportunities
- Rising taxes, insurance, or maintenance costs
- Increased legal complexity
Acting early helps preserve equity and prevent unnecessary losses.
When Legal Guidance Matters
If you are stuck in a co-ownership dispute and cannot reach agreement, legal intervention can provide clarity, structure, and a path forward. California law is designed to prevent stalemates and protect your investment.
