Legal Question in Real Estate Law in California

Common tenancy interest defense
10yrs co owners w/my father i effected via admin.letters thru probate the recording of subject property via deed 50% held in common w/ & 50% interest from original ownership & death of joint tenant. upon my divorce and husbands lis pendis to claim of equitable interest i sold % interest in contract conveyed by/to mother/buyer in xchnge for her assumptn of liability=to interest convyd. i rcvd 60k from her @coe & she rcvd 60K from me towards option to by back. i now face 2nd UD action by her (1st was dismissed w.my demure) in her cntnd attempt to defraud me of my domicile&civil rights by denial of the interest conveyed.Title co. finally acknowledged my defense after my diligient calls in plea for help previously & blatantly ignored by thus relieved escrow agent& myinquiry into compnstd agents unknwn 2 me who rcvd ALL docs in my name re:sale!! help me please!

Asked on 6/11/08, 7:17 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Common tenancy interest defense

Your facts are extremely condensed, to the point where an attorney reading them will be left to do a lot of guesswork as to the quality and nature of any title you may indeed own, and therefore whether your possession of the property is legal or subject to UD. I'd say that if you have ANY percentage of title, through whatever chain of events, and are already in possession, unlawful detainer is inappropriate; the out-of-possession co-owners must assert an ouster, not an unlawful detainer, and until then you are entitled to sole and peaceable possession.

How this will all shake out in the long run will depend upon careful review of the recent chain of title and the legal impact on title of the probate, divorce, contract, etc. actions briefly alluded to in your question.

If you sold your entire interest subject only to an option to buy back, however, I'd say that until you validly exercise that option, you are not an owner and not currently entitled to possession.

Obviously this is a very complicated title situation, and I'd be very interested in working with you to figure it out and secure your rights through necessary court actions, including if need be a quiet title or possibly a partition action.

Answered on 6/12/08, 1:25 am

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