Legal Question in Real Estate Law in California

I own a home with my brother. I would like to get an order from the court so that he can not change the locks. How do I file for being ousted. San Bernardino County California . What file form do I file?


Asked on 6/24/14, 10:52 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This isn't a matter of filing a form; at least, I've never seen one.

The procedure for establishing an ouster from co-owned property is spelled out in Civil Code section 843. Basically, you write up a demand for concurrent (shared) possession, and have it served like a summons and complaint would be. Then, if you haven't been let back into possession within 60 days after service is completed, you can file and serve a court case for damages, concurrent possession, or partition of the property.

The California codes are available on line from several sources.

Read more
Answered on 6/24/14, 12:45 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California