Legal Question in Wills and Trusts in California

I assume that her Will was probated slince the house would have a value greater than $100,000. As a joint owner of the house, both of you have the same rights to use the house. Your sister does not have to buy you out because she can live in the entire house and not pay you any rent, although you still would be obligated to pay 1/2 of all house related expenses. from a monetary standpoint, she would be crazy to buy your half until she plans to sell the house [at which time the first $125,000 of her profit is excluded from taxes, but you have no exclusion because it is not your principal place of residence].

Assuming the facts are as you stated and that title is in both of your names, you can probably bring an action for partition by sale to force the property to be sold and the proceeds to be divided. That being said, nothing prevents your sister from agreeing to buy you out. If she can't pay you in cash, she can do it either by refinancing the entire property or by giving you a promissory note and a deed of trust.

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