As a real estate attorney, I often encounter clients who own property as tenants in common and seek to separate their interests. In California, if you own property with another person or entity via tenancy in common, you are not stuck in this arrangement. You have the option to hire a real estate attorney to file a partition action. This legal process allows one tenant in common to separate their ownership from the other co-owners. In California, co-owners of property as tenants in common can file a partition action to separate their interests (California Code of Civil Procedure Sections 872.010, et seq).

A partition action can result in either a division or the sale of the property, with the proceeds distributed accordingly. It's crucial to understand that there is discretionary authority for awarding attorney's fees. If one party does not cooperate, they could end up paying for the other side's legal costs.

Additionally, when filing a partition action, we can request an accounting. This is particularly important if you have paid more than your fair share of the property’s expenses or have not received your share of the income. Consulting with a partition attorney ensures that your rights are protected and the process is handled efficiently.