Legal Question in Real Estate Law in California
I own a house in California with my elderly mother. We are joint tenants. I have been the only one to pay the mortgage and property tax since we bought the house in 1998. I have been told that if my mother does not take her name off the title and she ends up in a nursing home and exhausts her finances that I will risk losing up to 50% of the house. Is this true?
1 Answer from Attorneys
I think I just answered another version of your question. Yes, what you have been told is basically correct. I assume some kind of public assistance would be involved. The question is whether the public agency would find going after and acquiring a half interest would be beneficial to them. Sometimes, they will go after a half interest. This puts pressure on you, as you don't want a stranger as your co-owner. Also, once the government is your co-owner, it can seek to sell the property in a partition action. You'd get your fair share of the proceeds. Another aspect of the whole question is the extent to which you, as a son, are liable for your mother's health-care costs. California does have laws making adult children liable for their parents' health care (I do not claim expertise in how these laws are being enforced and interpreted these days).