Legal Question in Civil Litigation in California

You need an attorney immediately, because a person can claim complete ownership of a property by way of adverse possession if they are not removed in 5 years, and gain full title leaving your brother with nothing. Saying the wrong thing without knowing the law could cost your brother the property - even if he believes he is trying to help his interests. One wrong word could backfire. I strongly recommend you contact my office immediately or another attorney who has experience litigating adverse possession. I have litigated adverse possession multiple times and have taken title to property by this law. Call me for a free consultation. Act now, because one day could mean the difference between whether your brother has an interest in the property or loses it all.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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You really don't provide enough information to give a reliable answer. One of the key issues is how title to the property is recorded. Another is who is listed as borrower on the mortgage. Your question is also a little confusing as to the terms of this oral agreement. You said your brother was to make the down payment, but then you say the friend has neglected to pay anything toward the down payment. You also don't mention what arrangements they made regarding who would own the appreciation in the property, if any, who would pay maintenance, taxes and insurance and who did, etc. It is most likely that your brother and his friend have established a real estate investment partnership by their conduct. Without going over all the details of the purchase and what has happened since, however, I cannot tell you exactly what your options are. Unlawful detainer might be one option, partition another, and partnership dissolution a distant third possibility, depending on the details. If you would like to have a free intial consultation to go over this, please feel free to call my office.