Legal Question in Real Estate Law in California

Option #1 is to make a formal demand upon your sister to give you shared possession of the house, under Civil Code section 843(b). This could be followed up by a lawsuit for possession if you don't get a voluntary result.

Option #2 is to file a lawsuit for partition of the property by court-ordered sale. Partition suits are the ultimate tool for unhappy co-owners.

An overall problem here is whethr there is any equity in the house. Lawsuits cost money to initiate and maintain. In a partition, after the sale, the net proceeds are distributed to the former co-owners, but there won't be any proceeds to distribute if the property is "under water" and has no equity.

Please feel free to contact me directly at [email protected] with particulars, such as what the property might be worth, whether the property is occupied by your sister or by tenants, and to whom payments are owed -- to you, or to a lender? Maybe I can give you further advice (at no charge, of course).

Also, be sure to look up Civil Code section 843 and read all subparts, especially (b) and (c).