Legal Question in Real Estate Law in California

Joint-Tenancy

I own a joint-tenancy mortgage title deed on a single family house, originally with my father, who is now deceased. My name is currently the only name on the title. I paid several years toward paying off the mortgage and I possess all cancelled mortgage and tax checks. My sister never paid a dime toward the house nd she is trying to implement intimidation tactics as she wants a third house. She is not listed on the title and there is nothing listed in the living trust that she can prevent me my moving in or forcing me to sell the house. What legal recource do I have to eradicate her from my life so I can live free and clear from her greedy demands, despite the fact that she already has a beach-front estate and a second home. I have all legal mortgage and title documents. I offered to pay her a fair and equitable amount but she wants the BIG prize of half the house cost of about $200,000.00 What are my legal rights?


Asked on 6/14/08, 6:22 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Joint-Tenancy

One thing you didn't mention is who is cuurently in possession of this house. If YOU are in possession, or your tenant, or someone who accepts the fact that you are the sole owner, it's hard for me to see why you have a problem, or why you should be offering her a dime. The key words are "My name is currently the only name on the title." Just tell her to buzz off.

If on the other hand she is somehow in physical possession of the house, you may need to take legal action to remove her from your house peaceably. A lawyer (or another LawGuru question) could help you decide whether this should be done by an unlawful detailer or ejectment action.

Please contact me directly if this does not handle you situation, but in my estimation you don't have a legal issue, you have a plain ol' greed issue.

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Answered on 6/15/08, 1:44 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Joint-Tenancy

Your question is hard to follow. If you owned the house as a joint tenant with your dad, you are the sole owner today. Simple. Spend a few bucks and have a lawyer review the situation for you. Chances are you can will be able to tell your sister to take a leap.

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Answered on 6/18/08, 2:50 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Joint-Tenancy

From what you say, it sounds like -- at least between the two of you -- you're the owner. Since the property was held in joint tenancy, you're the surviving owner. You might record with the county recorder a notice of death of joint tenant, if you haven't already done so. Hire a lawyer to write her a strong cease and desist letter -- and DON'T give her a key!

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Answered on 6/14/08, 9:49 pm


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