Legal Question in Real Estate Law in California

Re: Joint Tenants Share of Equity

I see I am one of many attorneys who responded to your question. It is a very interesting set of facts which creates and numerous legal issues. Let me start by saying you must get off your chair and hire an attorney who has real estate/litigation experience, and plenty of it. You've got two understand that this is a very complicated fact situation. The first thing is can you prove the contract between your mother and father applicable to the $100,000 payment to me me to your father. If he agrees that back contract existed someone has to pay him is $60,000 to make back contract potentially complete. The problem is your mother passed away approximately 1 1/2 years ago. Therefore, the question is is this the contract still in force and can it be completed if he is paid? This is just one of many questions that any attorney has to answer but you must see an attorney immediately. Do not lecture father's attorney take your default in this particular case or it will be much worse than you can imagine. I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: Joint Tenants Share of Equity

This matter needs to reach a negotiated settlement and if not be litigated. Get representation immediately. Call me directly at (619) 222-3504.

Re: Joint Tenants Share of Equity

If he signed a contract laying out these terms, you should be able to defend the claim and the home would be yours alone. If you have been sued, you will have to defend yourself and protect your interest. See an attorney as soon for more help.

Re: Joint Tenants Share of Equity

First, three-way joint tenancies are a bit unusual, and since that's important to the outcome here, a lawyer working for you should start by verifying that there was indeed an unbroken 1/3-1/3-1/3 joint tenancy with right of survivorship.

Second, a lawyer representing you should respond to the lawsuit (if and when actually filed and served). You have 30 days from the date of service to file and serve a responsive pleading such as an answer. It would be very interesting to read the causes of action and the facts asserted against you in the suit. It probably seeks to partition the property by court-ordered sale and division of the net proceeds.

Third and fourth, your lawyer needs to determine the status of the divorce proceeding and the legal validity of the two agreements respecting division of property.

If the suit is for partition, your defense should be that you now own the full equitable title, no matter what the deed of record says, due to the twin occurrences of your mother's death and your father's agreement to quitclaim to you. The fact that he has already received $40k on the deal is significant.

If all the facts are as you say, and there are no additional negative facts, you have a strong case.

Even if your father prevails in showing that he has a 1/3 or 1/2 interest, in any partition the court should reimburse you for his share of the expense payments (mortgage, taxes, maintenance and maybe improvement expense) plus child-support payments for caring for your sister. However, you can probably win outright. Oh, I should add that you would have to pay the $60,000 balance due to him, if he hasn't received it from some other source.

I have some recent experience researching the law and negotiating settlements or trying cases with these issues, and I'd be pleased to review the details of your case with you as a free initial consultation.

Re: Joint Tenants Share of Equity

You will need representation. The court will divide the property according to equitable principles. You may contact me.

Re: Joint Tenants Share of Equity

I would like to see the contract and the divorce papers for the specific obligations of your late mother and your father. However, when your mother died, the property automatically transferred to you and your father as remaining joint tenants. You should seek specific performance of the separate contract, i.e. a court order directing your father to transfer the property to you. There is still the matter of the $60k that is still owed to your father. When you counter-sue your father for specific performance, chances are that a settlement can be reached wherein he gets $60k in exchange for the transfer of the property. You can get the $60k with an equity line on the property (easy to get). My office practices real estate law and I also own a mortgage company. Give me a call to discuss this matter more thoroughly (call is free).

Re: Joint Tenants Share of Equity

Sounds like you need to take all paper work to an attorney to review. Need much more info. Initial visit is typically without charge. Call if you wish to discuss or wish to make an appt.