Legal Question in Real Estate Law in California
sale of real estate between siblings?
Probate closed and the real estate is divided into two ten acre parcels. She wants him to buy her parcel
and the two parcels cannot be sold separtely. He however has lived on the property for 8 years now. He has built structures and done additional improvements on the property. She did not ever want to live on the property, but was welcome to do so. He however moved in as soon as father passed away, keeping his fathers wishes not to sell. The house was appraised 3 years ago for $70,000 do to no public ingress and egress to the propery. He receintly had it apraised for $115,000 which included the improvements, fencing, and ect. She claims he has lived there rent free for the past years and claims he should not take the value of the building or improvements off the price of the propery. What are the laws and rights in relation to this matter? Where do I find the information for this issue? Thank-you.
1 Answer from Attorneys
Re: sale of real estate between siblings?
A complete answer is not possible from the facts given. An attorney would need to know how title is held (i.e. are there two separate parcels, or is this really a tenancy in common?), why the parcels cannot be sold separately and exactly what ingress/egress rights and problems exist.
It seems that "He" has a somewhat stronger case than "She," but so much depends upon the actual legal nature of "his parcel," "her parcel" and "the property."
The starting point would be a review of the property records at the recorder's office at the court house, plus any documents in the hands of the owners such as deeds or records of probate proceedings.
This seems like a situation where lack of knowledge of the law may disrupt family harmony; it could be helpful to avoid a lawsuit and acrimony for the parties to find a neutral mediator to hear their positions, look at the evidence, and explain the law and their rights.
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