Legal Question in Real Estate Law in California
Selling portions of a property
My siblings and I own 5/12th of a home and would like
to sell it to our uncle and aunt. Our uncle states
that they cannot afford to pay the entire amount but
would like to make payments and has stated he could
pay us off within 2 years. We have all agreed to this
and added that if full-payment was not received within
2 years, interest would be back-dated and charged. We
would like legal advice on how accomplish
2 Answers from Attorneys
Re: Selling portions of a property
Your uncle and aunt should give you a promissory note
for the amount owed and a deed of trust giving you
a security interest in the property in case you don't
get paid. You can get forms at libraries, stationary
stores, Nolo Press or you can consult with a local
attorney. A title insurance company might help you. I strongly recommend legal advice, however,
because there are always other issues that lay persons can't anticipate.
Re: Selling portions of a property
Selling a fractional interest in real estate is remarkably similar to selling the entire interest, but there is, obviously, an added dimension to the documentation, disclosure, etc., and severe limitations on the type of financing that can be obtained. I recommend using professionals to handle this. You may not need an attorney, but at least retain a real-estate agent/broker and process all the documents though a title or escrow company (terminology varies by county within California).