Legal Question in Real Estate Law in California
Selling or Renting of a Property
My mother is currently in a nursing home & her home is in my name, a sister & brother's name. I want to know if they can force me to sell her property? I was told by a friend that they can because it would be 2 to 1. I would also like to know if we all have to come to an agreement to rent her home or if one child can make that agreement because my brother wants it to set empty & I want to rent it due to upcoming taxes & insurance due on the property. How should I handle this situation. Thanks so much!!
2 Answers from Attorneys
Re: Selling or Renting of a Property
Why is not in her name? There are many important reasons for it to be in her name. How long ago did it get transferred. There are many issues you should contact a Estate Planning/Medi-Cal Expert. Attorney Marjorie DuBerchin, Certified Specialist, 858-481-5058.
They can force a sale, but if it is shown that title is held for convenience only and a true transfer not take place it can be said to be your mothers property, but that may be difficult.
JOEL SELIK
www.4TheLaw.Com
www.taxworkout.com
Re: Selling or Renting of a Property
When you refer to 'her home,' that raises questions about how and why the home is 'in the names' of you three. Some attempted transfers of property to avoid use of the equity therein to supplement public assistance (MediCal) for long-term care may be fraudulent and if so can be set aside. The regulations are quite complex and if the family is attempting to shelter family wealth in violation of statute or regulation you may be on thin ice, so to speak.
If the house really belongs to the three of you, and your acquisition was in good faith and not an attempt to avoid MediCal, etc., any of the part owners can attempt to force a sale by filing a lawsuit seeking 'partition' of the property.
Historically, 'partition' was used to physically divide the family farm among the heirs, but in modern times it is an action by a disagreeing co-owner to force a sale and division of the net proceeds.
It is not a 'two-against-one' proposition. Any one owner can initiate the suit, regardless of the number of other co-owners. Further, it makes no difference whether the property is owned as tenants in common or as joint tenants.
There are defenses to a partition suit. If the dispute between you reaches the lawsuit stage, you should get your own attorney to protect your interests.
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