Legal Question in Real Estate Law in California

My sister is on the loan mortgage. But my name and her is on title. We all agree in oral to chip in to pay the monthly mortgage. Presently, she wants the whole equity and still want to kick out the whole family. She decided to back charge our payment as rental. What is our right in term staying in the house and equity portion?


Asked on 5/15/14, 3:48 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As a co-owner, you have a right to shared possession of the entire property. This means you could agree with your sister to pay her rent, but you don't have to --- and an agreement to pay part of the mortgage payments is not the same as an agreement to pay rent. In short, you aren't a tenant, you are an owner. You have a right to stay in the house unless and until you voluntarily surrender that right.

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Answered on 5/16/14, 9:01 am


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