Legal Question in Real Estate Law in California
I hope this letter finds you well. It is with a heavy heart and burden that I am writing to you for your insight. After my many unanswered/ignored phone calls over the last 21 years, my mother has been the sole resident and payor of the mortgage and taxes and any maintenance and/or improvements of a property that she has a joint tenancy with her two half siblings. The Hine was given to the three of them by their father, however my mother is the sole resident and payor of the mortgage and taxes for 21 years to date. The other two siblings live out of the State of CA and always have. This has been a huge sacrifice, burden and investment and all to ensure that ownership of the property has been maintained. My mother does not want to do a partition action, rather she would like to petition for 100%, quiet title. As a result I am reaching out to you to with the hope of gaining lawful insight into this matter.
2 Answers from Attorneys
She may "like" to petition for 100% quiet title, but the facts as you recite them would not support a successful quiet title action. It would most likely be thrown out of court.
The simplest solution would be for your mother to buy out her siblings. If that is not possible, than the only option is probably an action for partition.
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