Legal Question in Real Estate Law in California

Re: Force Sell/Partition on Joint Tenancy?

Morally no. Legally tough one she placed her on the titles joint tenant it is presumed that you intended to give her one-third of the value of the residence. Now she is holding you up and of course there's no paperwork in the original transaction. Go see an attorney who specialized in real estate/litigation . Discuss the cost of dealing with this vs. the hold the amount that she wants. At leases with the jewel lessons to document in writing the you're the transactions and have everybody signed the document. That would help you avoid this problem way back when. Family I have found in my thirty years of practice does not mean loyalty, honesty or morality in many situations.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000. The

Re: Force Sell/Partition on Joint Tenancy?

what evidence is there that what she gave was a loan, a gift, or an investment.

Joel Selik

www.seliklaw.com

800-894-2889

Re: Force Sell/Partition on Joint Tenancy?

Anytime property is held by joint tenants, one joint tenant can bring an action to "partition" the property. In essence a partition action asks the court to determine what percentage each owner holds in the property, then to divide the property, either by spliting the property (if physically possible), or by selling the property if a physical division is not practical or is impossible. In the case of a single house on a single parcel of property, the court would generally sell the property and split the proceess between the parties, after deduction of the costs of sale, and the attorneys fees and costs the plaintiff has incurred in the partition action.

Whether your aunt would be successful in such an action and, if so, what percentage interest she is likely to be declared the owner of, depends upon a number of factors. Your question lacks most of the information which is needed to accurately answer your question. I would strongly recommend that you contact an attorney who practices real estate litigation in your area, and set up an initial consultation. Only after such a meeting can an attorney appropriately determine how to properly answer your question. You should keep in mind that at such a consultation, you will need to provide the attorney with whatever documents you have concerning your acquisition of the property, including any writing between your aunt and yourself.

Re: Force Sell/Partition on Joint Tenancy?

Yes, she can demand that the property be sold in a partition action, because she is shown as a part owner on the title.

If you have some documentation that says that the $10K was a gift, such as a gift letter to the original lender, then you may have a reason to fight her. Has the property gone up substantially in value? Did you have any other form of written agreement?

If not, you may be out of luck.