Usually not. A legally zoned duplex has one parcel number. You would be trying to rezone one parcel in a planned map zoned for duplexes.
Since they share only one main city and water line I also question if it is a legal duplex. This can be found at the city or Title Company.
My question is what are you trying to accomplish? If two people own the property and each live or rent out their individual units, you would not be able to resale only half, unless it is between the two current owners. You might be able to sell just your portion of the DEED outside of the partnership, but this should be investigated and handled by the Title and Escrow Company, & Real Estate Attorney to make sure it is handled properly. It is rarely done.
If you want to separate from the other owner and invest on your own, one party would have to refinance and buy the other partners share. Another option would be to both sell the duplex and each invest in whatever you want to own. Now is a good time to buy foreclosed property as an investment.
I think that you need to sit down with a Realtor and have a discussion about what you are trying to accomplish. It is highly doubtful that you can divide the duplex into two separate properties. Are you trying to get money out of the building? Do you have equity? Are you under water? What is your goal?
I suggest that you spend some time with an experienced Realtor and discuss your needs and goal.
I am familiar with a type of duplex with one common wall dividing the two garages. It is an older building, one car garage on each side. Each side has a separate postal address but only the first address is recognized by one APN number. There is only one main water line to the property, however, it splits as separate meters within the duplex.
I don't know if the City would allow you to separate a duplex but it won't hurt to ask them.
I cannot imagine that the city of San Jose would permit you to do that.
Charles Butterfield MBA
Real Estate Broker/REALTOR
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