Legal Question in Real Estate Law in California
Is there a way to sell a house my mother co-owns?
My mother and I own the house and we do not get along. She put the down payment but has not done anything to help me with the monthly mortgage, bills related to the house, repairs to the house, and she does not and has never lived in the house. I live in the house and take care of all of the above. I am having a hard time maintaining the house and the payments by myself and want to sell. My mother will only sell if she can take everything and leave me with nothing. What can I do? Can I sell it? Can I take my share and go?
3 Answers from Attorneys
Re: Is there a way to sell a house my mother co-owns?
A paritition action will have to be filed. You are able to obtain your portion of the property. Monies paid and advanced would have to be accounted for. We handle cases throughout California and will be happy to review your documentation. Please contact us at 714 363 0220.
Re: Is there a way to sell a house my mother co-owns?
If you and she can't agree, you'll need what's called a "partition" action, or a court sale of the property. Just filing for the partition may be enough to get her to negotiate a sale with you, as the legal costs will probably be $8,000 to $10,000 if it goes all the way to a sale.
Re: Is there a way to sell a house my mother co-owns?
Are you both on title? If so, you can file a partition action to force the sale of the home, and you can keep half the equity, or she may be entitled to get her deposit back and half the equity above that.
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