Legal Question in Civil Litigation in California

My sister recently sued me for partition of a house we joinly inheireted 18 years ago, and unfortunately for me she won. My wife, daughter and I were evicted and the house is sold. I had no way to obtain any legal help (unemployed, broke, in addition to illness) and their atty got the case vacated. There was about 40k owed on a 1st mortgage on the house, but my sister is refusing to give me anything from the sale of the home and I'm now living on the streets with zero money. How can I get her to pay me for my half of the house??


Asked on 9/30/10, 3:29 pm

2 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

There are several unknown factors. You really should contact an attorney for a consultation. You would be entitled to money from the sale of the house, if there is money left over after the sale. But your sister may claim that there was no money left after she had to pay an attorney. Also, it is unknown how much money she received after the sale of the house.

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Answered on 10/05/10, 3:50 pm
Terry A. Nelson Nelson & Lawless

"How do I get.....?"

By having succeeded in that first lawsuit in establishing your right to a share of the proceeds, and establishing how much that share amounted to. That was one of the primary issues in that suit that you should have handled correctly.

Now? You may be able to file suit, or reopen that one, on a claim that she has failed to pay you what is due, IF you can prove there is money from the sale that you are entitled to, after all mortgages, liens, debts, and costs were paid.

By the way, of course she won. Any owner is entitled to force a sale against others who don't want to sell. The question is, whether there is any money due you for your 'share'

If you think you can prove those things, feel free to contact me to discuss your proof. .

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Answered on 10/05/10, 4:10 pm


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