Legal Question in Civil Litigation in California

Can my mom kick me out or sue me? (I own the house but...)

I live with my mom. Lately she has been talking about kicking me out. Her house is legally in my name for reasons too long to explain, but it was her inherited money that bought it. (It was never in her name to begin with, it was originally owned by the family trust). Can she kick me out? If I sell the house, can she sue me for the money? I have low income and a pretty lousy work history. If I get kicked out I'll be homeless. What should I do?


Asked on 9/22/06, 2:51 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can my mom kick me out or sue me? (I own the house but...)

This sounds like a question on a law school exam! If you're the owner of the house, you can control what happens with it. Make sure that the deed is recorded in the county recorder's office. Also, as an aside, you might have an attorney review your estate plan.

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Answered on 9/26/06, 11:53 pm
Judith Deming Deming & Associates

Re: Can my mom kick me out or sue me? (I own the house but...)

I don't know why the house is in your name, but if mom's money was used to buy it, and you both knew that and knew that she was the "true" owner, she could sue you and seek to impose a "resulting trust" as to the house, in the event you sell or seek to sell it. The real problem here is why an adult has to look to their mother for a roof over their head. The way to cure a "lousy work history" and a "low income" is to get off your posterior and support yourself and leave mom alone.

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Answered on 9/27/06, 6:50 pm


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