Legal Question in Real Estate Law in California
1/3 owner in house
My mother is 1/3 owner in a house that my grand mother left when she passed. My 2 uncles (1 Mentally Retarded) are on the deed also. My mother has handled all finances for mortgage with help of retarded uncle's social security income. My 2 uncles stay at the house. The house has 3 bedrooms and one gets rented out but the income is not shared between all owners, just the uncle (not retarted uncle) collects this income for himself. He has no proof of payments on anything for house up keep since the passing of my grandmother. He tries to boss everyone around and does not allow equal access to the home for family members. He has a family (son) that he claims and wants to leave his share of the house to him. Since he has not paid for anything in the last 10 years, what can be done to get rid of him. He recently got the other 1/3 owner arrested and put in a mental facility, so the state might step in and take his 1/3 for help with his care. I need to know what can be done to make my uncle pay for what he owes and to make him start paying for part of the up keep of the house. Please help. Should we sue him for past payments owed, or how can we take his equity away for non payment of house bills, mortgage? Please help.
2 Answers from Attorneys
Re: 1/3 owner in house
You left out the most critical information necessary to determine any remedies...how is title vested? Do each of the three siblings hold title as joint tenants or as tenants in common, or in a trust, or what? You are right that the SSI income for your uncle will likely cease coming to your mother or whoever was the payee, if he is in a facility.
Re: 1/3 owner in house
If your mentally handicapped uncle does not have a conservator to look after his financial and medical interests, he should. You must petition in probate court for appointment of a conservator of his estate. you will also need to consult with a lawyer regarding the status of title (how the property is held) and to demand an accounting from the other uncle.
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