Legal Question in Real Estate Law in California

Re: Equity Share

First of all the really notice to your mother. Secondly, do the math, what you feel you are specifically entitled to base upon a down payment of approximately nine percent in the payment out of the proceeds of approximately 19 percent. No written contract, very problematic even though an oral contract is valid. Except in California any contract for the purchase of property or evolving property must be in writing and that is a defense that she will have to your claims. How much of court will deal with that defense and throw out testimony as to your oral contract is something no attorney can answer. Either practicing real estate law for over 30 years in San Francisco Bay Area and if you wish to contact me I am a 925 -- 945 -- 6000.

Re: Equity Share

Unless you are on title, which I am quesing that you are not, you do not have a partition action and your remedy does lie in contract law and tort law for fraud and deciet. You must act quickly to stop the sale to a good faith bona fide purchaser. Call me directly at (619) 222-3504.

Re: Equity Share

I believe you can pursue this matter and have a right to portion of equity based on facts you provided. Need more info. Are you on title? What writings do you have re ownership? Do you have documents re your money spent on the property? Call to discuss. Don Holben 800-685-6950

Re: Equity Share

We recently handled a case with similar facts, although I need more information to give you an opinion. If you are on title, she can't sell without you signing. If you are not, you can file a suit for breach of contract (tough) or fraud. Consult an attorney in your area that handle litigation as soon as possible.

Re: Equity Share

Nothing worth pursuing. Sorry.

Re: Equity Share

Yes. You can file a lawsuit against your mother for what is known as "partition." Under this theory you would ask the court to declare that you are joint owners of the property with your mother. Generally you would ask that the house be sold, and that the proceeds, less the expenses you incur in pursuing partition, be divided between you and your mother. You can also include causes of action for fraud and/or breach of contract in your lawsuit, if the facts support those theories.

You should note that you will need to prove the amount of money you gave to your mother, the amount you paid towards the mortgage payments, and the amounts you spent improving the property, paying property taxes, etc. for the entire time the house has been owned. If you have all of this documentation, I would suggest that you take all of the documents to an attorney, and sit down and discuss all of the facts and circumstances to determine whether a partition action would truly be a viable option.

Feel free to call our firm for an appointment at (714) 997-9222.