Legal Question in Real Estate Law in California

my wife and I bought a home 12 yrs ago The home is in my name and her name. Her brother moved in 5 yrs ago , if I want him to leave and she does not , can I force him out

legally


Asked on 8/12/16, 3:53 pm

2 Answers from Attorneys

Nope. When property is co-owned, each owner has the full rights as if they were a sole owner. So conflicts such as who to allow on the premises, which tenant to rent to, whether to sell and when, all have to be worked out, or the property must be sold in a partition action if either party decides to request it.

Read more
Answered on 8/12/16, 6:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree; one co-owner cannot dictate or control use of the property versus the other co-owner. You'd have to resort to sale by partition or, possibly, there are other reasons (unlikely, I admit) that might dictate that he be moved out such as insanity or criminal conviction.

Read more
Answered on 8/13/16, 1:07 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California