Legal Question in Real Estate Law in California

Re: partician action on our property

If your father has never been on title, then his attorney will have an uphill battle trying to prevail in a partition action. While the attorney may just be "blowing smoke", it is possible that your father has provided a very different set of facts than you relate here. Were I trying to establish a claim on behalf of your father, I would file a complaint seeking to have the court determine that the house is held by you in trust for your father, etc. In any event, even though your father may file suit, you may retain your own attorney and defend and/or cross-complain against him.

Re: partician action on our property

A lawyer will do what he/she is paid to do so long as the lawyer believes there is a good faith basis in it. The lawyer sounds like she is claiming that the father has some ownership interest in the property despite not being identified on title. The receipts, depending on what they are for, may be used to substantiate the claim.

However, most agreements concerning ownership interests in real property must be in writing. This is called the statute of frauds. Without a written agreement, the person is usually out of luck. However, as in anything in the law, there are exceptions. One exception is estoppel, where the father can show he was led to believe he was an owner and acted to his detriment in reliance thereon. For example, if your father contributed toward payment of the mortgage or taxes, or paid to improve the property in some manner. (Minor improvements that would usually be done by a tenant would probably not qualify.)

At any rate, there is nothing to stop your father from suing. You can only defend the case. We have handled partition actions in the past and can help you if you are interested. You should have a lawyer look at your case earlier than later. In some situations, it's better to be proactive than wait to be sued. Please feel free to call or email.