Legal Question in Real Estate Law in California

Re: Filing a partition action against my mother

It is irrevellant where you mother is. If she cannot be served personally, she can be served by publication. A partition action should not be difficult. We handle cases throughout California. Please contact us for consultation and review of your documentation. 714 363 0220.

Re: Filing a partition action against my mother

The court will most likely order partition by sale, and order that the proceeds of the sale, after deducting the costs of the sale, and possibly your attorneys' fees, be split in proportion to the pro-rata interests of you and your mother. Keep in mind, however, that, although you live there and make all of the mortgage payments, etc., the court may not award you the larger, or even the the same interests as your mother. After all, your mother is entitled to the fair rental value of the property for the time you lived there.

Further, it is not clear whether your mother lives in the "county," in which the property is located, or if she lives outside of the "country" (i.e. the United States). You will need to serve the summons and complaint on your mother and, if she lives in another country and "is difficult to reach," you may have an issue with that service.

You need to contact an attorney in your area that practices real property and real property litigation. Partition actions can become very complex, and there are certain procedural issues that must be properly addressed in order for the action to go forward.

Re: Filing a partition action against my mother

Generally, someone on title is not required to pay rent, and both of you had the right to live in the property. In other words, if your mother was visiting, absent a written agreement to the contrary, she could have stayed in the house, too.

In order to get a full understanding of what is happening here, I would need to review all documents, agreements, loan papers, etc.