Legal Question in Real Estate Law in California

Re: Can I be forced to sell my home as a 50% owner.

While they can force a sale at fair market value, they cannot force a sale to themselves.

Re: Can I be forced to sell my home as a 50% owner.

You need to contact an attorney in your area immediately. First, and foremost you have only 30 days from the date you were served to respond in writing to the complaint. That response to the complaint must be served on the plaintiff's (your son-in-law and daughter) attorney if they have one, or on them if they do not. The response and a proof of service must then be filed with the court where the complaint was filed. There are very specific requirements for responding to this lawsuit, so its important that you seek legal counsel immediately. Second, and more importantly, you need to speak to an attorney about the conduct of your son-in-law and daughter. From the facts you represent, I would suggest that there may be a case of elder-abuse going on here. Certainly driving your husband to a heart-attack and trying to force you into the sale of a home you don't want to sell is bordering on elder-abuse. There is an entire body of law that deals with situations like this. You might want to call the Legal Aid Society for Los Angeles County, as well as AARP for referral to an attorney. Also call the Los Angeles County Bar Association for a referral to a qualified attorney who handles elder-abuse matters. This is a very specialized area of law, and you really need immediate help with this situation. Don't lose hope - I feel very comfortable that once you find the right attorney, they may be able to help you resolve this in an acceptable manner. Good luck, and I wish you the very best.

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Re: Can I be forced to sell my home as a 50% owner.

Defense 'as a senior citizen'? No.

But, you do have defenses based upon their conduct, and should properly raise them. They can't force a sale to themselves, but could force a sale to a good faith buyer at full market price. That would occur only at the end of the litigation, so you have some time. Do not allow a default against you; make sure you respond to the Complaint with an Answer or appropriate Motions within 30 days. Talk to a local civil litigation attorney to discuss your defenses. Feel free to contact me if serious about doing so.

Re: Can I be forced to sell my home as a 50% owner.

Do immediately contact an atorney experienced in elder abuse law as your case seems to fall within that area. Why is your daughtr going along with this? You should tell her that you will change your Wills if she keeps this up [change the Will in any case as she has already sided against the two of you and should be disowned, no matter how painful that may be--you do not have to tell her what you have done, but she clearly should not get anything from the two of you and she is not going to change].

An agreement for the sale of property has to be in writing soany oral agreement you have with him is not binding. You can move to strike/demurrer to the complaint on the grounds it fails to state the existence of a writing. If the property can be subdivided into two lots [if the houses are entirely separate and were built to city code, then an action for partition [division of the property which results in a sale and the parties spliting the proceeds] then perhaps they have no right to sue for partition [if the second house was built illegally, if they live in it you can calmly mention that it is their house that should be torn down].

You both need someone to represent you as the physical stree is too great. You have a very good chance of winning. Just hang in there. Good luck.

Re: Can I be forced to sell my home as a 50% owner.

Do immediately contact an atorney experienced in elder abuse law as your case seems to fall within that area. Why is your daughtr going along with this? You should tell her that you will change your Wills if she keeps this up [change the Will in any case as she has already sided against the two of you and should be disowned, no matter how painful that may be--you do not have to tell her what you have done, but she clearly should not get anything from the two of you and she is not going to change].

An agreement for the sale of property has to be in writing soany oral agreement you have with him is not binding. You can move to strike/demurrer to the complaint on the grounds it fails to state the existence of a writing. If the property can be subdivided into two lots [if the houses are entirely separate and were built to city code, then an action for partition [division of the property which results in a sale and the parties spliting the proceeds] then perhaps they have no right to sue for partition [if the second house was built illegally, if they live in it you can calmly mention that it is their house that should be torn down].

You both need someone to represent you as the physical stree is too great. You have a very good chance of winning. Just hang in there. Good luck.

Re: Can I be forced to sell my home as a 50% owner.

Do immediately contact an atorney experienced in elder abuse law as your case seems to fall within that area. Why is your daughter going along with this? You should tell her that you will change your Wills if she keeps this up [change the Will in any case as she has already sided against the two of you and should be disowned, no matter how painful that may be--you do not have to tell her what you have done, but she clearly should not get anything from the two of you and she is not going to change].

An agreement for the sale of property has to be in writing soany oral agreement you have with him is not binding. You can move to strike/demurrer to the complaint on the grounds it fails to state the existence of a writing. If the property can be subdivided into two lots [if the houses are entirely separate and were built to city code, then an action for partition [division of the property which results in a sale and the parties spliting the proceeds] then perhaps they have no right to sue for partition [if the second house was built illegally, if they live in it you can calmly mention that it is their house that should be torn down].

You both need someone to represent you as the physical stree is too great. You have a very good chance of winning. Just hang in there. Good luck.