Legal Question in Real Estate Law in California

Re: partner is not paying.

Ms. Deming and Mr. Whipple are both correct. Additionally, it really depends on whose name(s) is/are on title to the property. The easiest thing to do is buy her out. However, this depends on your overall willingness and ability to refinance and pay the entire note on the property. If you need a good mortgage person to help you, let me know as I'm happy to help (refinancing should also be able to help you transfer title if necessary). Good luck!

Re: partner is not paying.

I am assuming that the title is in the name of you and your husband, as well as the agent; if so, you are in a bad position as she has an ownership interest but none of the burden of being obligated on the loan. Ask her to deed her ownership to you and you will then be sole owners; if she won't do that, she can buy you out and pay off the loan which is in your names. If she will not cooperate in either of those alternatives, then all you can do is sue her for "partition" of real property and the court will order the property sold and the proceeds apportioned. As it is, in order to keep your credit good and make sure there is no default on the loan, you may have to make all the payments without owning all the property.

Re: partner is not paying.

Your best bet is to buy her out. The value of the building may have declined since you bought it, plus if she is in arrears you can deduct that from your buyout offer. I assume she is living in one half of the duplex. After the buyout, she can be your tenant and pay rent. If she fails to pay the rent, you have the alternative of eviction.

If a buyout won't work, the legal remedy for unhappy co-owners is a special kind of lawsuit called a "partition" action. In a partition case, one co-owner sues the other(s) for a court order requiring the property to be sold (or subdivided) and the net proceeds fairly divided. If there is no equity in the property, however, partition isn't very practical.

Since your question asks what you can do legally, I should add that to the extent this is a bad-check problem, you can also discuss the situation with your district attorney's bad check program staffers to see whether there are any enforcement programs.