Legal Question in Real Estate Law in California

partner not paying

my husband and I bought a duplex with our real estate agent/friend two years ago.She rents the front unit out and we live in the other.We are on the mortgage but she is not. Her checks have bounced the last two months and last months mortgage we had to pay her portion.She has not responded to our phone calls for the past week. She has taken the rent from the tenant yet not paid her mortgage. Please tell me there is something we can do. We can't afford the mortgage ourselves. Our tenant says he won't pay us the rent because he has a contract with her yet she is not paying. Is small claims court and option and what else can we do.


Asked on 4/14/08, 4:33 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: partner not paying

YOu can get a court order requiring the rent to be paid to you. There are additional remedies that can be looked at. All this being said, you will, as a practical matter, hav to hire an attorneyor suffer the consequences of becoming victim to a partner that is obviously having serious financial problems.

Read more
Answered on 4/16/08, 1:32 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California