Legal Question in Real Estate Law in California

Re: Tenants in Common

No can do if your father is now incompetent.

Re: Tenants in Common

The owners who live there would probably be eligible to file declarations of homestead. This could be somewhat helpful but it is by no means bulletproof.

The separate interests of each co-owner are generally not liable for the debts of the other co-owners. However, your interest (1/3 ?) in the house might come under attack by a creditor due to the additional legal principle that an adult child is responsible for the support of an elderly parent if the parent would otherwise be or become a burden on the county or state.

Unfortunately for you, therefore, both your own interest in the house and your father's interest which you probably would stand to inherit, may come under creditor attack to be tapped to pay his bills. There are very limited legal means to prevent this from happening, and the legal specialty that would know about support obligations, MediCal reimbursement liability and things of that ilk are the elder law specialists, not us real estate guys. I suggest you re-ask your question under that specialty.

Finally, I should add that attempts to avoid someone's property being tapped to pay his bills by hiding the property or putting it in someone else's name are fraudulent, and when discovered can be set aside by a court and all participants can be liable for additional damages over and above the original debt. Further, when the property is real estate, it is easy for the creditor to discover and unmask the scheme.