Legal Question in Real Estate Law in California

Re: Duplex rental

If you own half the house, you are most likely entitled to 1/2 the proceeds, minus expenses. Of course, if the expenses are more than the income, you could be responsible for that, too.

Re: Duplex rental

If you mom made a gift to you of her half of the duplex, she must file a federal gift tax return. If not, she probably intends that you own her half if and when she dies. If that is the case you should have her make a living trust, place her assets in the trust and leave you the assets after she dies. You will gain substantial tax savings that way.

Home spun estate planning can be very dangerous and lead to many adverse unintended consequences.

Re: Duplex rental

if you are your mother's successor in interest regarding this property, that would make you a valid cotenant with your father, especially if the property's title and ownership has been divided and quieted upon a court ordered dissolution agreement. as a cotenant, you would have an undivided equal interest in the property now with your father and you are definitely within your rights to receive up to one half of all rental income associated with this duplex now. however, you definitely want to act swiftly here so there is not a waiver issue and defense your father may try to defend upon. you should consult with an attorney asap regarding your case facts and overall rights. if you would like a free phone consultation, email us directly with your contact information today.

Re: Duplex rental

If you are a half owner "of record," i.e. a recorded deed down at the recorder's office says you have a half interest as a "tenant in common" with your father, OR if there is some other document validly giving you a current co-ownership, you are entitled to one-half the NET rent after legitimate expenses.

It would probably be a good investment to pay a real estate lawyer for an hour's time to take a look at whatever documents show your half ownership and advise you on how best to assert your claim without a lawsuit or disrupting family relations unnecessarily.

Re: Duplex rental

If the only intense in the divorce settlement was to transfer her ownership to you instead of your father for the purposes of ownership only, not to share in the profits or losses generated from the property but to share in the proceeds of the property is ever sold then no you have no right not only to share but to exercise any kind of management and control with your father. This will depend upon two things, how that was done and weather was pursuant to a written agreement between the, and what was sad and the intent of the parties at that time. You can, force the sale of the property or four sure father to buy you out by going to court with the partition action. I would very carefully think about that before you pursue any kind of remedy in that regard. First involves a lawsuit would also involves your father. Chances are you're sitting down to a Thanksgiving dinner ever in the future will be diminished substantially, get it. I would also immediately because you cannot do this as you are not properly educated to do so, find an attorney who does family loss/real estate well to help you solve this problem. There's so much more I can tell you. I've been practicing law, substantially real estate, but a heavy amount of family law up and so promptly 1985 when I get sick of it, in the San Francisco Bay Area for over 30 years. I can probably help you and if you wish to consult with me you may call me at 925 -- 945 -- 6000.