Legal Question in Landlord & Tenant Law in California
My father passed away in 1979 in Napa California . He and my mother owned a 4 bedroom two bath house at the time of his passing. In his will his half of the house was left equally to my half sister and I. The property was �homesteaded� in mine and my mother�s name to protect the asset in the event of catastrophic medical expenses. My father passed due to a heart attack after a lengthy hospitalization so it seemed to make sense. My mother has lived in the house since then continuously other than after a house fire which gutted the house forcing it to be rebuilt. My mother is an alcoholic who just underwent a rehabilitation at the order of the court. She is also an extreme hoarder. The property has fallen into disrepair over the last twenty years and has been infested by rats. My mother and I have had a contentious relationship over the last twenty years with her and I not speaking for five years during which time she told my wife at the time that she had disowned me. As half owner of the property can I:
1. Evict her from the property(the owner of the other half of the property) for destruction of property due to her own neglect?
2. Force her to change her neglectful behavior through legal remedies?
3. Require her to pay rent for my half of the property including back rent for the seventeen years where I did not live with her?
4. Revoke or call for the nullification of the homestead protection that was filed in 1979?
I am not sure what course of action I want to steer right now but I want to know if any of the actions I have suggested would be legal and logical in dealing with my Mother.
1 Answer from Attorneys
You have a very complicated situation and your facts don't entirely make sense, since you say the property was left to your sister and you, but your mother still seems to own part? In any case, you cannot do any of the things you ask about, exactly, but there are remedies available to your for this situation.
I note by your zip code that you are in Alameda. I have an office in Oakland. If you would like a no obligation consultation where I can clear up some of the things that are confusing in your narrative and lay out some options for you. Please give me a call to set up an appointment.
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