Owning something together is easy until it’s time to let it go. A person who once shared a house with her brother now doesn’t want to live together and wants to sell the property. This is a very common scenario. More common than you can imagine.
And when it comes to Los Angeles, joint property sales turn messy pretty fast due to the complex and unforgiving property laws.
This guide will help you protect your share, avoid mistakes, and make sure you walk away with what’s yours.
Table of Contents
Know what the title really says
Most people don’t check how they actually own the property. But this one detail changes everything.
Are you listed as a joint tenant? Then, both of you own equal parts, and if one passes, the other takes full ownership. Tenants in common? That means you each own a share, but it doesn’t have to be equal. And if one of you dies, their share goes to their heirs and not the co-owner.
Then there’s community property. That’s usually for spouses, but it’s treated differently, too.
Before making any move, check the title. If in doubt, work with a property attorney Los Angeles. She will explain what it means in plain English.
Get a written agreement before listing
Verbal promises will not help you if things go south.
Before the home hits the market, get everything in writing.
Your agreement should also cover timelines, repair responsibilities, and closing costs. Don’t assume the agent will mediate. Their job is to sell the home, not resolve family or financial disputes.
This agreement should be signed before you even call a realtor.
Prevent unilateral decisions by co-owners
Do you know what the biggest frustration in joint sales is? One co-owner is making all the decisions. They accept an offer without telling you, or they push for a sale you’re not ready for.
To protect yourself, ask your agent to require both signatures on all offers and documents. That’s standard but also easy to overlook.
If your co-owner still tries to make moves without you, legal action may be necessary. Injunctions, title freezes, or even a partition lawsuit can stop unauthorized actions. But you don’t want to get to that point. Early legal advice is far easier than court battles.
Clarify how the sale proceeds will be split
Just because you both own the home doesn’t mean you both get the same payout.
What if you paid more toward the mortgage? What if you covered all the repairs? Or what if one person lived in the house rent-free while the other paid the property taxes?
You can’t fix this after the sale. The split should be agreed on before escrow closes.
If the agreement says 50/50, but one person wants a different cut later, you’re in for a fight. Document everything, and get receipts. And again, get it in writing.
Watch out for hidden liens or legal claims
Even if you’re good with your finances, your co-owner might not be. If they have unpaid taxes, credit card debt, or legal judgments, your shared property could be affected. Their problems can become yours.
Before the sale, run a title report. This will reveal if there are any liens, claims, or lawsuits that involve the property.
In some cases, buyers back out once they see legal baggage attached to the home. You don’t want to lose a deal over something that could’ve been handled earlier. Get ahead of it. Fix it before listing.
Handle disagreements before they escalate
If you and your co-owner disagree about price, timing, or agent, consider mediation. It’s faster, cheaper, and more productive than court.
But if you’re completely stuck, a partition action might be your only option. That’s a lawsuit where one co-owner asks the court to force a sale.
It’s not fun. It takes time. And it’s expensive. But sometimes, it’s the only path forward.
Before going that route, talk to a legal professional. Many disputes can be solved with the right paperwork and communication.
Summary
Selling a home with another person involves people, emotions, and money. If you take steps early, check the title, draft an agreement, and talk to a legal pro, you’ll avoid the mess most people find themselves in.
No one wants to fight after a sale. That’s why it’s worth protecting your rights before anything is signed.
