Legal Question in Real Estate Law in California

Re: Mother inlaw

You have a double problem. This analysis is based on California law.

First, the loan of $35,000 without a writing. Was this for the interest in the house? Did you get the deed changed as a result of giving the $35,000? If so, you do have a writing. If the $35,000 was a different transaction, then

you need some evidence. If nothing is signed by her, then it would be an oral agreement, and you would have to bring a legal action to recover the $35,000 within two years from when she breached the agreement by refusing to repay you, or refusing to sign a contract. There may be other ways to protect yourself here, but an attorney needs a lot more facts.

The second issue deals with selling the house. You do not have to sell the house or agree to that. She or someone acting on her behalf can bring a legal action for partition and sale. This takes time. The broad answer is that she can ultimately forces a sale of the house, but if it is a joint tenancy and if you survive her, you own the entire house as a joint tenant. This is a very technical and complex legal question. The rules of equity may trump your plans. You may well need good legal help to get through this problem.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: Mother inlaw

You may have a good case for your proprotionate interest in the property. If you fax me all documentation you have to 714 363 0229, I will provide you with free consultation. Our law firm handles cases all over California.

Re: Mother inlaw

First of all, the house cannot be sold without your authorization.

Next, you talk about your mother in law wanting to sell the house, but nowhere is there any indication that your mother in law is on title. What was the purpose of the $35,000?

You have a somewhat complex issue here, more so with the $35,000 than with the issue of selling the home. I would need more information regarding that transaction in order to offer an opinion.

If you would like, call my office on Wednesday at 925-924-0100, or send me an email today with as much detail as posible.