Legal Question in Real Estate Law in California
The most frightening thought of my life!
My moms duplex partner has ben in a
convalescent home for years that costs MUCH
more than she receives from Social Security! Are
they going to take the money proportionally from
her part of the �tenants in common� partnership
(with my mom) In other words, I
want to make sure that when she dies and the
convalescent home tries to get their money, they
will not take my mom half.
.
''HAVE TO'' do something at some point soon
(I should have done a year ago) away from here!
that my take many months, I do not want the State
to take the property. What should I do ?
WE JUST GOT HIT WITH A SURPRISE BILL
FROM D.W.P. FOR OVER $1,000.00 FOR HER
(moms partners) GRANDSON NOT PAYING HIS
WATER BILL FOR TWO YEARS ! (AND WE HAVE
SEPARATE METERS)
--name removed----name
removed--
.
(818) 352-1798 Cell (818)
434-3230
1 Answer from Attorneys
Re: The most frightening thought of my life!
Who occupies the other half of the duplex, the grandson? The situation you describe is frightening indeed, with an irresponsible person like this grandson as an occupant, not to mention the state's prospective claim on the co-tenant's half interest.
In my opinion, your mother needs competent LOCAL legal assistance. Her interest in the property is doubtless worth enough, and sufficiently threatened, to warrant spending on a few hours of attorney time.
In general, the interests of tenants in common are protected from the debts of the other, but if (or when) the state attempts to foreclose its lien on the other co-tenant's interest, things could get messy, including the possibility of a forced sale (partition) of the property, which would require either that your mother buy the other 1/2 interest or accept half of the sale proceeds of the entire property, in which case she would have her money but lose her home. Other less drastic outcomes are also possible, but you need to show all the relevant documents to an attorney that practices real-estate law in your county and ask him or her to recommend defensive measures.
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