Legal Question in Real Estate Law in California

Re: Will I be forced into co-ownership?

I have read the three prior responses to your query, and I concur with their assessment (however, I will better Mr. Whipple's offer and make it $20.00!). That said, until your father-in-law dies, however, there is no "guarantee" that you will inherit, as he could will it to anyone he wants up to the end, assuming he is of sound mind. Likewise, he could deed it over to someone else. Additionally, if he is incapacitated and needs/requires the services of the state to pay for treatment, etc., they would have a right of reimbursement out of his assets. So, don't get too used to the idea that you "will" inherit his interest.

Re: Will I be forced into co-ownership?

no, you can force a sale.

Note, you will not inherit the cabin if it is held in Joint tenancy and your father law predeceases his sisters.

Joel Selik

Attorney/Real Estate Broker

www.SelikLaw.com

Re: Will I be forced into co-ownership?

As Mr. Selik points out, if the cabin is held in joint tenancy at the time of death, your father's share will pass to the other joint tenants, i.e. the sisters. More likely than not, however, the ownership (by three or more persons) is a tenancy in common and not a joint tenancy.

You aren't forced into co-ownership. First, you can always refuse an inheritance. Doesn't happen very often, but as with any gift, acceptance or rejection are within the discretion of the intended beneficiary. It's called a disclaimer. If you disclaim (reject) a bequest, it is usually redistributed (in intestate succession, for example) as though you had predeceased your father.

A better alternative (if the property has some value) is to accept the gift, then try to get one or the other of the sisters to buy you out. If none of them is willing, you can sue for partition of the property, which results, usually, in the sale of the property and split of the net proceeds among the co-owners in fair proportion to their interests. Most partition suits settle out of court, but even so the costs of filing and commencing the litigation can be pretty stiff.

If you end up being an unwilling co-owner, maybe I will buy your undesired part interest for $10. (That's a joke, but I've always wanted a cabin at Tahoe!!!).

Re: Will I be forced into co-ownership?

You might as well accept the gift, then sell or sue for partition.