Legal Question in Real Estate Law in California

I am involved in a partition action (california) with another relative (my brother). I am the defendant in the case. We both own the property 50/50 and it was received through an inheritence when my father died. It's a horse property with a 2000 sq ft house and a 1000 sq ft guest house. I have lived on the property for the past 30 years. My father and I were ranchers. When my father passed, my brother didn't want anything. He just told me to continue taking care of the property and if I ever wanted to sell it, that is when he would want to be paid his fair share. No written agreement between us. We were very close and I had no reason not to distrust him. Five years went by and he never made any demands and never asked for rent. Out of the blue, I get served with a partition action to force the sale of the house and my brother made claims that I owed him rent. He also said in his complaint that I moved to the property a year ago when I have been there for 30 years. I was hurt and disappointed that my own brother would do that and not bother to talk to me about it. I would have bought him out, so I don't know what the heck is going on with him. The property is free and clear and I called his attorney and offered to buy-out his interest. His attorney said he would work with me and everything was going well until we exchanged the appraisals. During the peak of the market, the house was worth $900,000, but the appraisals came back at $485,000 and $510,000 respectively. I offered $255,000 without adjustments just to get the matter over with. I followed up with my brother's attorney two weeks after I made the offer and he said he hasn't heard from my brother. Three weeks have gone by and now his attorney won't respond to me. I am confused about what is going on. I did get an extension to file my answer so I have 45 days. If I am willing and able to buy out my brother's interest, will the court still force the sale of my home? Can I get a judgment in my favor? I have made every effort to settle the matter and I think it's unfair that my brother file this lawsuit and then go silent. Maybe there is a problem between him and his attorney. Retaining an attorney is not going to be cheap and I would like to be awarded my fees since he is not cooperating.

Asked on 2/15/11, 4:26 pm

Anthony Roach Law Office of Anthony A. Roach

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I would have demurred to his claim for rental value if his complaint failed to state a cause of action for ouster.

Answered on 2/15/11, 5:58 pm

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