Legal Question in Real Estate Law in California
how can we force a sale
myself,husband and son own home in JT. home has a qualified buyer. son signed list agree. his intent is there. me & hubby want no$ other than what has been advanced.not much. there is 132,000 leftover. he has turned to drugs and will not commit to signing. we have tried a power of atty. he just thinks it should be closed and his $ available. what can we do.our concern is being on the loan and the primary borrower and we have excellent credit. he calls through out the day to say he is signing and never does. what can you advise?
same situation he owns another house w/x-girlfriend. and is giving the same runaround. and all she wants is a $20K credit card paid off. he stands to receive another $77,000.
we know he is paranoid from the drugs.
he was a successful business man until 9 months ago and all has been given up for the other lifestyle.
my husband and myself are at our wits end to where to turn and what to do.
we want to divest ourselves from him and the property.
5 Answers from Attorneys
Re: how can we force a sale
You can only force sale through a court action. If he is REALLY into drugs, you should be seeking conservatorship or puting his funds into a trust to get him cleaned up.
Re: how can we force a sale
This is a tragic example of how "self-directed" family estate planning can result in terrible avoidable problems. Not much can be done now but to watch your son self-destruct and hope your injuries are minor.
Re: how can we force a sale
This is an unusual problem. You can file an action to partition the property, but this is wasteful. I don't know how much you want out of it either "not much?" I mean, you can always quit claim the property away. Maybe its better to hold the property and force him to hold it while he gets his life in order. You send me an email and I'll try to answer more specific questions if I can. Best regards.
Re: how can we force a sale
A partition action could be filed. You may have other remedies. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
Re: how can we force a sale
Yes, you can file an action for partition of your interests, but you will need an attorney. Meanwhile, you can alter the property's status as a joint tenancy property simply by deeding to yourselves as tenants in common.
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