Legal Question in Real Estate Law in California

I've been told i could get sue and forced to sell my property

I've had some problems with this lady saying my kids are bad and bring the neighborhood down. And that she can file a law suite and force me to sell my property is that true.


Asked on 5/14/07, 9:21 pm

3 Answers from Attorneys

Judith Deming Deming & Associates

Re: I've been told i could get sue and forced to sell my property

It depends upon what you are permitting them to do--remember, if they are minors and you are allowing them to engage in crirminal behavior, etc., then arguably you could be sued for permitting and/or aiding and abetting criminal behavior, failing to supervise, etc. Exercise control over your children and do not permit them to vandalize the property of others, stay out late, have loud parties, or do drugs, etc.--this is what good parents have done for decades and if you do it, then you will likely not have problems.

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Answered on 5/16/07, 2:02 pm
George Shers Law Offices of Georges H. Shers

Re: I've been told i could get sue and forced to sell my property

Attorney Cohen supplies a good answer. In addition, for your peace of mind, even if she cold get a judgment against you because your children physically damaged he property, as a parent your liability is limited to $25,000 [go to the California State Bar site for a booklet "Kids" that will probably cover this issue]. You also are automatically covered by the "homestead" provisions which protects a certain amount of equity in your own home, starting I believe at about $75,000. But find out if your children are misbehaving and speak to the lady to see if you can work out a solution. Both of you would rather live without the bickering.

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Answered on 5/15/07, 10:29 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: I've been told i could get sue and forced to sell my property

It depends what she's accusing your kids of doing. If they're breaking her windows or yelling at all hours of the night, she can sue. If they're just being kids, she's just being nasty. Although she can sue, she probably wouldn't win.

If she were to get a judgment against you, then she could levy against any property you own, your wages and bank accounts. Otherwise, you don't have to fear losing your house because of your difficult neighbor.

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Answered on 5/14/07, 9:39 pm


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