Legal Question in Real Estate Law in California

Re: Owners Versus Owners

Whenever parties own property jointly and cannot agree on matters relating to ownership, sale, price, etc., any of the owners can file suit for partition of real property interests. The court will order the property sold and if the price cannot be agreed upon, the court can order that the price will be whatever a competent appraiser determines is fair market value. With respect to the daughter who has resided there, she can be required to remit the reasonable rental value of the property, to be either divided among the other owners or deducted from her (or her parents') share of the sale proceeds. Most real estate attorneys are very familiar with partititon suits, and you need to consult one in your area. We are in Southern California (Ornage, L.A., Riverside counties), but if that is not near you, call your county's bar association for referral to a real estate attorney. Incidentally, the term is "quitclaim" not "quick claim."

Re: Owners Versus Owners

The three siblings and the niece undoubtedly hold as equal tenants in common, each with a 1/4 interest.

If so, and unless modified by a contract, each of you has the same rights and obligations. These include (1) the right to occupy the entire property (along with the others) without payment of rent; (2) the right to share in net rents received from non-owners; (3) an obligation to contribute to upkeep, taxes and insurance; and (4) the right to force a sale through a special kind of lawsuit called a "partition." No one can force you to buy them out, but the power to force a sale (on the open market) at least gives a co-owner an opportunity to get cashed out and perhaps to be the successful buyer of the other interests at market price.

Note also that none of you can evict the niece or obligate her to pay rent, but any or all of the co-owners could legally move in with her without payment of rent as well.

Re: Owners Versus Owners

You should retain an attorney to argue your position so you may not be taken advantage of by the other attorney. Negotiating a settlement would be best through attorneys. If that fails, you should file a partition action. The attorney would probably have to review your documentation.

Re: Owners Versus Owners

Get represented, you have options, the ultimate, a partition action. Call me directly at (619) 222-3504.