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Ellen, Lawyer, Consultant
Category: Legal
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Experience:  25 years of experience helping people like you.
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My husband and I own 159 acres in tenants in common with our

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My husband and I own 159 acres in tenants in common with our 2 sons. One of the sons owns 16% and the other son owns and equal percentage to ours. The son who owns 16% is talking about selling his interest, which is not something we are happy about. If he does sell will his buyers be able to claim use of the entire 159 acres? To complicate matters,my husband and I built a log home (vacation) on the property. Would his new buyers have any claim on that?
Typically a tenant in common owns an "undivided interest" in the whole. This would give the new purchaser a 16% interest in the entire property including your log home.
Customer: replied 7 years ago.
Is this California law?
Yes it is.
Customer: replied 7 years ago.
So, if my son is only paying 16% of the mortgage payments he does not only have 16% rights (like using the property in its enitrety) 16% of the time??

Absent a written agreement to the contrary the owner of an undivided interest can use the property as much as any other owner.
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