Legal Question in Real Estate Law in California

In tenancy in common, co-owner wil not pay her part of the mortgage payment. Can I evict her?


Asked on 1/20/10, 10:18 pm

3 Answers from Attorneys

No, because her right to occupancy is based on co-ownership, not a tenancy at will or for a term. You can, however, sue for breach of contract. If you want to sell out from under her you can file a partition action too.

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Answered on 1/25/10, 10:29 pm
Daniel Bakondi The Law Office of Daniel Bakondi

You should do a partition or sell the property. Let me know if I can help you with this.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 1/25/10, 11:34 pm
Terry A. Nelson Nelson & Lawless

Such an owner can't be evicted. You'd have to sue and get a court order that probably would require partition and sale of the property as a last resort.

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Answered on 1/26/10, 1:38 pm


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