Legal Question in Real Estate Law in California

Brother has two homes. He was engaged but broke it off two years ago. He put fiancee on the deed of two homes. She lives in one. He lives in the other. He makes payments on the one he lives in but now she wants to live there. If he makes payments which are very large. what happens now? She keeps coming in drunk and throws things when he has dates there.


Asked on 4/18/10, 10:35 am

2 Answers from Attorneys

Ken Koenen, LLM Law Office of Ken Koenen

Nothing happens now. She is co-owner of the property (thanks to him adding her to title) and has the same rights as he does to the property. He either needs to get her to get off title or work some other agreement in writing with her.

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Answered on 4/23/10, 11:02 am

Unless they can work out an agreement, your brother needs to retain an attorney to file a partition action on both houses and put an end to this nonsense. In the course of the partition action, there will be an accounting for who paid how much on both houses, and each of them will have the opportunity to buy each other out of either house or both. If they cannot agree, the houses will be put up for sale. They still can then buy each other out of either house in competition with any other buyers. The only other alternative is to negotiate a solution.

I have over twenty years experience litigating real estate disputes, and over fifteen years mediating them. I maintain conference facilities in Carlsbad. If I can be of service in either mediating this problem, which would be my recommendation, or representing your brother, please have him give me a call.

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Answered on 4/23/10, 11:04 am


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