Indio, CA asked in Criminal Law, Estate Planning and Family Law for California

Q: In order to gain access to a private residence, when there are two owners of the residence, who can give the go-ahead?

There is a private residence that is co-owned by two owners. The private residence is being sold and a real estate agent is coming with potential buyers to view the home. I do not want them in the property due to COVID-19, risking contamination, and breach of peace. Owner 1 gives the go-ahead for the real estate agent to tour the home with occupants in it. Owner 2 is against allowing the real estate agent onto the property it due to current pandemic. I am owner 2 in this case, living on the property. Owner 1 does not live on the property. Owner 1 would enter the property by strong hand and allow the real estate agent to tour the home. What can be done?

1 Lawyer Answer
Juanita Guillen
Juanita Guillen
  • Estate Planning Lawyer
  • San Diego, CA
  • Licensed in California

A: In general if Owner 1 has equal right and control to the property as Owner 2, Owner 1 can allow the real estate agent and potential buyers to view the home. Real estate viewings were allowed to continue in CA even during the pandemic (unless a local ordinance ordered otherwise). Best practices for Owner 1 would be to provide a 24 hour notice to Owner 2 about the viewings although I do not think they are required. With that said, Owner 2 can demand that anyone entering the property use protective measures such as wearing gloves, masks. shoe coverings, limit the number of people per viewing, etc. This demand should be in writing and submitted to Owner 1. If Owner 2 has any health considerations and Owner 2 does not comply with reasonable demands for viewings then Owner 2 can call the police to prevent those viewings from occurring.

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