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Can I sell my half of a duplex?

Hi. Can I sell my half of a duplex without my neighbor selling? They were initially marketed as one unit, but are now deeded separately. Should I alert my neighbor before I list my duplex for sale?

Asked by Mike | Morgan Hill, CA| 11-27-2023| 1,439 views|Selling|Updated 2 years ago

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Juliana ReynosoReal Estate Agent1 month ago

Yes! If the two sides of the duplex are now deeded separately, you can generally sell your individual unit without the other owner having to sell theirs. Before listing, I’d recommend confirming the title and reviewing any shared agreements, easements, or other property restrictions to make sure there aren’t any specific requirements. As for your neighbor, you typically don’t have to notify them before listing, but it can be a good courtesy to give them a heads-up. Since you share the same overall property structure, keeping them informed can help maintain a good relationship and avoid any surprises. As always, I’d recommend confirming the property’s specific title and legal details with a title/escrow professional or real estate attorney before moving forward.

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Angela TadevosyanReal Estate Agent2 months ago
Semi-Pro84 Answers

Yes—if your side of the duplex is truly separately deeded as its own legal parcel or separate interest, you can generally sell your unit without your neighbor selling theirs. California law recognizes separately owned units/lots in common-interest developments and permits transfer of a separate interest. Before listing, I would have your Realtor and title company confirm the legal description, APN, title, and any CC&Rs or shared agreements covering things like the roof, driveway, walls, insurance, or maintenance. As for your neighbor, you may not be legally required to get their permission simply because you're selling your separately owned property, but I would still give them a friendly heads-up. You’ll continue sharing certain responsibilities with whoever buys your unit, so keeping a good relationship makes sense. My advice: confirm the title first, review any shared-property agreements, and then list your side just like any other separately owned property.

Zoltan PeresztegiReal Estate Agent3 months ago

Hi Mike, since your units are deeded separately, yes, you can sell your half on its own, and the earlier answers are right that title is the place to confirm it. Let me fill in the practical steps, including the neighbor question you asked that nobody answered. First, order a preliminary title report before you list. It will confirm your parcel is truly independent and will surface anything recorded against it: CC&Rs from when the property was split, easements, shared driveway agreements, or a party wall agreement. Those documents control what a buyer is agreeing to live with, and you want to know what is in them before a buyer's agent finds out for you. Second, get clear on the physically shared stuff, because that is what makes attached-unit sales succeed or fail: the roof, the party wall, foundation, sewer laterals, water and gas lines, fences, and who pays when something shared breaks. If there is a written maintenance agreement, great, have it ready. If there is not, expect buyer questions, and consider having one drafted (this is where a real estate attorney earns their fee; I am a real estate professional, not an attorney). Third, disclosure. In California you will complete the Transfer Disclosure Statement and related forms, and anything you know about shared systems, past disputes, or informal cost-sharing arrangements with your neighbor belongs there. On alerting your neighbor: legally you do not need their permission or notice to sell your own parcel. Practically, tell them anyway. Showings, sign in the yard, and inspectors on the roof go much smoother with a friendly heads-up, and buyers always ask what the neighbor relationship is like. I am a Los Angeles and South Bay real estate professional, so for a Morgan Hill sale I would be glad to introduce you to a strong local agent from my network who has sold attached units before. Zoltan

Keith Jean PierreReal Estate Agent5 months ago

Mike, if they are two separate deeded properties, then you can but I would confirm with your local municipal township department. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Andrea BallesterosReal Estate Agent1 year ago
Novice7 Answers

How did you purchase it? Do you own both units? If they are deeded separately you should be able to sell your unit however you should verify this with the city and your title officer. You want to make sure they are in fact separate and their in no in lieu fee to convert to separate units. I would definitely let the neighbor know as they may be interested or know someone who is interested.

Julianne ClarkReal Estate Agent2 years ago

If your side is deeded separately than the other side -- then you should be able to sell your 1/2. Maybe contact the real estate agent that originally sold the unit to verify. I would strongly suggest letting your attached neighbor know you plan on selling -- maybe they would be interested in buying the other side for an income property or for a friend/family member.

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