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?
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.
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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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.