Legal Question in Real Estate Law in California

Re: real estate title

Well, your possession is probably not "adverse" so that won't work. However, because of all the expenses you've incurred, you may have a significant claim for contribution from the other joint tenant. Feel free to contact us to discuss in more detail.

Regards,

Ben

Re: real estate title

No adverse possession does not work that way but you can insist on payments (and may have a large demand for past payments) or demand partition (and they can demand you pay rent).

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

CONCENTRATING IN NU REAL ESTATE, ELDER ABUSE, LITIGATION AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

If you send a lawyer or law firm email, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via email. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties.

Re: real estate title

The only way to remove the other living joint tenant is by filing a lawsuit seeking partition of the property, or by the other owner transferring their interest.

In a partition action, the court will determine what interest each joint tenant has in the property. Generally, a partition action results in a sale of the property, and a distribution of the proceeds to each owner in proportion to their respective interests (as determined by the court). Paying taxes, insurance, and maintenance costs, as well as the mortgage payments, increase one owner's interest in the property. However, that amount can be reduced by whatever amount of reasonable rent the tenant in possession should have been paying.

It is possible, for one owner to purchase the interests of the other owner. You may wish to discuss a division of the property with the other joint tenant before initiating a lawsuit, to see if they would be willing to accept whatever amount you would be willing to pay for their interests.

Re: real estate title

Nope. Partition action is the solution. You may contact me.

Re: real estate title

Sounds like a plan. Call me directly at (619) 222-3504.