Legal Question in Real Estate Law in California
Joint tenant in common off of title
On title of single family residence as joint tenant in common with ex-fiance. He abandoned me and home. He never makes payments. I cannot refi or repurchase home, filed and discharged bankruptcy chap 11. Want him off title so in future when sell home, he does not acquire half net proceeds. He also is currently trying to claim interest on taxes. He never made payments! I have receipts that he did not pay any of purchase and closing costs and receipts for all mortgage payments. What rights do I have? What can I do? He intrudes upon premises to harass me and stalks me at times.
1 Answer from Attorneys
Re: Joint tenant in common off of title
Your facts are not clear. If there is a joint tenancy, sever the joint tenancy to preserve your rights in case
of your death (unless you think he will die before you).
If there are reasons to believe he does not actually own any of the property, bring a quiet title action. If he does
own a portion, bring a partition action (this will usually result in an order to sell the property), in which you can also
seek contribution from him to the upkeep you have paid.
Seek a restraining order if he comes on the premises. He may have a right to live there equal to yours, but not when you
are living there and he is harassing you.
I cannot say you are entitled to all of the proceeds on sale from the facts you have given.
Claim the amounts you actually pay for tax purposes.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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