Legal Question in Real Estate Law in California

Re: Partition lawsuit

Sure. If that is the equitable distribution of costs considering that you have been living there all of this time. In otherwords, you can claim reimbursement of all their share of the costs net the reasonable rental value of the property during your occupancy.

Why don't you use legal counsel here? As Abraham Lincoln said, "A man who represents himself has a fool for a lawyer."

Re: Partition lawsuit

The previous answer is not technically correct. Cotenants in possession do not owe rent to cotenants out of possession unless they have ousted the out-of-possession cotenant(s). Further, a cotenant out of possession may owe reimbursement to a cotenant in possession's reasonable expenditures for taxes and maintenance and certain improvements, but not all improvements. Money spent for the tastes and life style of an in-possession co-owner, especially if the out-of-possession co-owner has been ousted (kicked out) are probably not subject to pro-ration and reimbursement.

There is a lot of case law on this issue and even though I am in the midst of a case where this is an issue, I do not remember all the ins and outs. If it becomes critical to know, get a lawyer who is willing to do some research (and be prepared to pay for it) and do not be misled by off-the-cuff advice based on what the law might be, because that's not what it is.

Re: Partition lawsuit

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

You can obtain reinbursement through a requested accouting in a partition lawsuit. This can be brought either in the complaint or in a cross-complaint.

Re: Partition lawsuit

I believe the reimbursement would be capital improvements; things like new wood flooring or bricking in a front walkway. Things like repainting, general upkeep, or planting a flower garden are probably not reimbursed expenses.

I am also in the middle of one of these, but without reviewing my file, I do not recall the fine details offhand.

If you need additional assistance, please feel free to contact me at 626-578-0708 or via online at www.No-Probate.com

Re: Partition lawsuit

Possibly, however, they may also have right to benefits/reimbursement from fact you lived on the property for the time you lived there.