Legal Question in Landlord & Tenant Law in California

I Want Her To Pay
My father died 9/04. Suspicious marriage before his death may not be legal(certificate wasn't signed). I was made executive over estate 12/05. Person claiming to be spouse still in house, has'nt paid a dime to me in 6 monthes but charging my elderly uncle rent (who still lives there). While we are hashing out the legalities of the marriage in probate, as at least half owner (and more if she is found to not be his legal spouse) can I give her a lease agreement (though I am sure she won't sign) and proceed with an unlawful detainer action? There are property taxes that need to be paid, insurance and maintainence of property. Also, how much can I charge to cover these expenses? Can I charge security deposit? If she comes back and files for homestead what are my options? Can I still ask for help in the costs of the maintainence of the house? And as half owner am I entitled to rent while she lives there? Thank you very much. Any assistance you give will be greatly appreciated.

Asked on 2/16/05, 3:48 am

Ken Koenen Koenen & Tokunaga, P.C.

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Re: I Want Her To Pay

If she is a part owner, she is entitled to live there without paying rent, just as you would.

If the goal is to sell the property, you should request a court order to sell and put the money into a blocked account until final resolution.

Answered on 2/16/05, 11:53 am

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