Legal Question in Real Estate Law in California
Hello,
I recently purchased property in California with my daughter & SIL. We are tenants in common & my equity from the sale of my home in Colorado was rolled into this home. The paper work designated that money as a "gift", the sum was nearly 50% of the purchase price of the home. Now after being here only a couple of months my daughter has told me to move out & that I should move back to Colorado. How do I force the return of my equity? I will not have funds to purchase another home without this money & I also just retired so I am without funds to live & will be moving in with family in Colorado until my money is free. Thanks for any advice.
1 Answer from Attorneys
Insist that the property be sold. Any co-owner can require a sale, though it is more diffucult than it sounds. You have the right to initiate a partition action to force that sale if they are not agreeable to doing so voluntarily. I am somewhat confused as to how you combined a "gift" yet still own 1/2. DId you provide more than 50% of the purchase price. Your need to seek counsel.
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