Legal Question in Wills and Trusts in California

My mom passed years ago and left her house to me and my three siblings. We own the title equally, yet one of my siblings lives in the house, rents it and is very abusive to the tenants. As a serious legal exposure, I want to sell, but my other siblings are on the fence, one is totally unconvinced. I'd like to sell the house, remove my interest. The house is valued at about 300k. Is it possible to force a sale? If it's a "partition" as described often in California, what implications are there for all parties?


Asked on 6/22/11, 11:34 pm

2 Answers from Attorneys

Michael Weinstein Law Office of Michael R. Weinstein

Yes, you can file an action for partition. However, since your sibilings will not cooperate in the sale (which is why you file the action) the court may appoint a receiver to take charge of the property sale and all of his fees and costs are chargeable against the proceeds from the sale. This may be expensive. Why not speak to your siblings about purchasing your share of the house from you? If there is equity left in the house and your siblings have reasonable credit, they should be able to get a mortgage on the house to buy you out.

You should also speak to a real property lawyer with experience in landlord - tenant law. If your brother's actions are causing you increased risks and he is abusing the tenants, you may be able to get a court order denying him the right to manage the property or harass the tenants.

Read more
Answered on 6/23/11, 8:18 am
Eliz. C. A. Johnson Eliz. C. A. Johnson

Mr. Weinstein gives excellent advice. Best result is to work it out with your siblings if you can. Forcing a sale will cause a rift and that may or may not be relevant to you. If talking to them fails, you are not required to put up with his treatment of you and the tenants.

Read more
Answered on 6/23/11, 4:53 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California