Legal Question in Real Estate Law in California

Joint Tenancy

25 years ago my husband and I, along with my parents purchased 5 acres in the high desert. All our names are listed on the grant deed. My mom passed away 12 years ago and my step-dad had her name taken off of the deed, that left the three of us. 3 months after her death some woman moved in with him and 7 years later he had to pay her to move out. Then another one moved in and again he had to pay her to move out. The third one took him for every penny he had.

He mortgaged his home, his parents home (while my grandmother was in a rest home) and lost all of hisretirement fund. He lost everything. He took my moms name off of the grant deed while he was with this woman without our knowledge. Now he wants us to sell the property. He said he is going to declare bankruptsy and wants cash only. We gave him 3,000 and asked him to sign a quick claim deed, then we would pay him 1,000 a month after. He cashed the check but refused to sign anything. He wants all of his money "in cash" now. We don't have it. He is haressing us so much we had to put a block on his number, but he goes to a phone booth or drives over and screams in our front yard. What are our rights in this mess?


Asked on 5/16/00, 11:14 am

1 Answer from Attorneys
Barry Jorgensen The Law Office of Barry S. Jorgensen

Re: Joint Tenancy

You can petition the court on stndard forms for a restraining order. You can only be forced to sell by court order following a partition action filed in the county where the property is situated. Buying your step-father out should only be done through an independent third party escrow agent after an indpendent professional appraisal. A professional negotiator may also be needed.

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Answered on 7/04/00, 12:45 am


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