Legal Question in Real Estate Law in California

My sister & I are 50% owners of my late fathers house according to the probate judge. She says she is going to put the house on the market with out my permission. Can she doe this?


Asked on 2/12/14, 8:49 pm

4 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If you are both on title, she can only sell her half ownership of the property. I doubt anyone who was a stranger would want to share title with you.

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Answered on 2/13/14, 6:33 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Roach is basically correct, assuming title shows the two of you are co-owners as tenants in common or as joint tenants. There is some possibility, however, that your sister is sole trustee of a trust that owns the house, and the two of you are co-beneficiaries. If there is a trust involved, and your sister is the trustee, she probably can (properly or improperly) sell, refinance, etc. according to the terms of the trust.

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Answered on 2/13/14, 9:46 am
William Christian Rodi Pollock

If the two of you are ultimately determned to be co owners ( see the order on distribution or get a title policy) either co owner can force a sale. This may be able to be accomplished by your jointly agreeing to a purchase by you of her interest, or could be done the hard way through a partition action. I would suggest you either buy out her interest or simply sell and use your helf to buy your own place.

This is based only on the breif facts you have described. It would be necessary to see all relevant documents and understand the factual circumstances to provide advice that could be relied upon as accurate.

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Answered on 2/13/14, 11:21 am
Terry A. Nelson Nelson & Lawless

If you are actually on title, she can't sell it without your cooperation and signature on all the legal documents.

If you merely have an unrecorded interest in it due to wills, trusts, etc., then you could end up forced to file litigation to control the situation.

you should consult with counsel to figure out the true status and your rights.\

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help fight and get the best outcome possible for you.

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Answered on 2/13/14, 12:17 pm


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