Legal Question in Real Estate Law in California
home ownership
My 2 sisters & I were left my mothers house when she died about 20 yrs. ago. All three of us are on the deed.For the past 20 yrs I have lived in it with my daughter. It was agreed that I should because I had a baby. For the past 20 yrs. I have paid the mortgage, insurance , property taxes. I have made any repairs out of my own money. Sisters have contributed nothing. Well one sister now wants to be bought out. She wants her fair share. I am very upset about having to refinance now. My question is do I have any legal rights to give her less than a 3rd of what she thinks she is entitled to?
2 Answers from Attorneys
Re: home ownership
Who is to determine what is a fair share? While you paid the mortgage, you also had the benefit of living there. Were the repairs of the nature of a renovation or improvement? It may require attorney research time to be able to give a reliable legal opinion. In any event, the issue being a matter of an agreed to figure, you'd do well by having an attorney speak for you so that your position may be most srrongly asserted with as little impact to your personal relationship with her as possible. Contact me directly.
Re: home ownership
Her 'fair share' is at most what it was worth back then, plus some appreciation, less the value contributed by your costs and payments, etc. all factored in. It's sure not 1/3 of today's value. If you can't work it out among you, and you end up needing legal help, feel free to contact me.
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