Legal Question in Wills and Trusts in California
My brother and I each own 50% of the house I live in. It is paid for. He recently put his 50% in a trust. He decided that putting it in a trust would protect the "family" home from creditors and he didn't want anything to do with the house. I don't know what kind of trust and we no longer talk. Can I sell my half? Can I pull money from my share of the house? I've spent 25,000$ of my money to fix it and it's not done. It's 55 years old!
2 Answers from Attorneys
Most trusts don't protect assets from creditors. Your brother most likely put his share into a living trust, which will avoid probate of his share of the real property on his death.
If you own your 1/2 share as a tenant in common, you can sell it, but it is most likely not terribly marketable.
As to the money you have put in, it sounds like you have also had sole possession without paying any rent to your brother. If you want to sell, you should try to reach an agreement with your brother, and if that is not possible, consult a real estate lawyer to bring an action for a forced sale.
If you are a co owner in an appropriate manner, you can force a sale through a partition action ( or a threat of a partition action) . Seek counsel to assist if you are not able to communicate directly.
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