Legal Question in Real Estate Law in California

Re: Real Estate Co-ownership

First of all, unless the property was in a trust, and they (or your younger brother) was the successor trustee, there is nothing they could do without the property going through probate. If you all inherited the property, there is no way he could have deeded the property to a third person without your permission, or an order from the court.

Something doesn't sound right, but there are many facts missing. You do have rights, but I couldn't tell you how to approach the problem without more facts.

Re: Real Estate Co-ownership

Boy are you in the driver's seat. It won't seem like it sometimes but all the facts are in your favor. No one individual can do anything without the others and will depend upon how the property's titles held this point. Whether the probate was done your mother's property so it is now held all three of your names. That is not clear from your question. Even so, of the contract with the neighbor is minimally voidable. Under the law, you cannot sell property without written contract. Moreover he cannot buy the property and get good title without obtaining the signatures and approval of the other two parties who olden interest in the property, even if they are not on title. This is all potentially negotiable without litigation. It depends on what your desire and intent is, what the desire and intent of your other brother is an how much if at all the third brother wants to sell the property will cooperate. Yes you can force the sale of the property if neither wants to do that by filing inaction for partition in the court in your county with a property is located. Again a simple set of facts but complicated real-life situation. My advice you immediately his do not go holding this over your brother were making statements about your legal superiority. Let the next letter that comes to him regarding the property come from an attorney who you choose. This will have much more effect and hopefully will drive the parties into a position of agreement applicable to the property rather than disagreement at a lot of costs other pocket to do what is under normal circumstances "reasonable".I have practiced law in the San Francisco Bay Area for over 30 years in this specialty if you wish to contact me please feel free to call me at 925 -- 945 -- 6000.

Re: Real Estate Co-ownership

from the facts given thus far, something seems legally amiss. as cotenant successors inheriting real property, it would take all of you, not just your brother to sell the house to a third party. without such joint written consent, the title given to the third party here should be unmarketable. further, there is no mention if the property was ever probated or if the third party was put on notice of your property interest or not. if the third party was put on actual, constructive or inquirey notice, they should not even qualify as a BFP (bona fide purchaser) for some protection here. the mere fact they are not returning any of your messages right now probably further validates the fact that something is legally amiss here. thus, you should take immediate action here asap! if you would like a free phone consultation regarding this matter, email us directly with your contact information today.

Re: Real Estate Co-ownership

Your rights, if any, depend on whatever the written instrument confers upon you. If you really inherited property, an Executor's Deed would likely be the document conveying title. My toll-free fax number is 800-331-9501, if you want me to read it with reference to your question. The other correspondents correctly point out that there might be something wrong, but you'd have to be clairvoyant to figure it out without reviewing some papers. I was not issued a crystal ball along with my law licenses in 1979.

Re: Real Estate Co-ownership

There is an old legal saying which goes, "He who sells what isn't his'n, must buy it back or go to prison." This may not apply here, but look at the facts. IF INDEED the three of you inherited a house, you would be co-owners, in all probability as "tenants in common." Each of you would own a one-third interest. Any of the three of you would be completely free to sell or trade what he owned, namely, a one-third interest. There is NO WAY a one-third owner can sell anything other than his one third. Thus, if two of your brothers cooperated, they could sell no more that 2/3, leaving you as a 1/3 co-owner with the buyer.

Next, "verbal" (i.e., oral) agreements are not effective to sell real estate. In California, a valid and fully enforceable real-estate transfer must be in writing.

Next, what do they mean, "Your portion of the money?" Suppose they are doing a very profitable land swap and subdivision and making millions. Is your portion 1/3 of the value of the house on the former property, or 1/3 of the big killing?

My guess is that nothing has been traded yet, this is all speculation, but in either case this situation stinks to high Heaven and I suspect that you are about to be, or possibly already have been, fleeced.

Whether you should force a sale now (which you can do through a partition lawsuit) or participate in their land-swap and subdivision deals is a question that could only be answered after careful due diligence evaluation, appraisals, and application of business judgment to the results thereof.

What is really, really obvious is that you need prompt and personal legal assistance to review all that has transpirded including the quality of your title as an heir and whether any fraud has occurred to date; then, assistance is deciding what to do next.

Please contact me if you'd like further free consultation.

Re: Real Estate Co-ownership

Do you have any documentation i.e., will? Are there any written letters? Please contact our office for review of your documentation and to provide you with consultation. 714 363 0220. We handle cases throughout California.

Re: Real Estate Co-ownership

Not sure how your brother could sell the property without your ok and signature if cotenancy. If sold and sale not in writing, do not expect sale valid. Need more info. Call to discuss.