Legal Question in Real Estate Law in California

eviction, if on title to a house

A declaration of trust with six siblings listed in trust and our successors to title after their mother passed away six mos ago. The family is fueding on how much to sell home at this time. One sibling on title lives in house. Been living and caring for mother for last 5 years. Can the other siblings take her to court and evict her, before selling the home?


Asked on 4/26/04, 10:09 pm

2 Answers from Attorneys

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

Re: eviction, if on title to a house

Probably not. Your question leaves out or abbreviates a lot of legal-language explanation that would be required to give you an accurate and complete answer. However, it is likely that the siblings are tenants in common or possibly joint tenants, in which case each has the right of possession and cannot be evicted.

I repeat this is an oversimplified answer based on too few facts.

Was any lawyer involved in setting up this trust or in handling the estate?

Any cotenant can sue for partition to require sale of the property by court order, with division of the net proceeds to follow. However, removing a cotenant already in possession cannot ordinarily be done by eviction. An attorney would have to review the trust documents and other instruments, facts and circumstances to draw sould conclusions about your relative rights.

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Answered on 4/27/04, 1:59 am
Scott Schomer Schomer Law Group

Re: eviction, if on title to a house

It depends on how title is actually held. You appear to indicate that title to the house is both a trust asset and a joint tenancy asset. Consult a probate attorney as soon as possible to help you resolve the issue.

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Answered on 4/27/04, 1:10 pm


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