Legal Question in Real Estate Law in California

Business partners

Hi, This is the question that I have concerning how I should go about getting my share of the money from our house that we bought together. The house was bought about 4 years ago, two name was on the loans. Those two names are my brother and I. So legally on the loan, we are responsible for the mortgage of the house. Meaning 50/50, everythings was paid 50/50 from the begining. So now I want to move out and I want my share of the house. So if there are two names on the loan, doesn't that mean I am entitle to half of the house? I think that's like a business partner, we go half and everythings. So when it's time to split, I think I should deserved half of it. Anyways, my brother doesn't seem to agreed with that. If you figured the house was bought at $185 thousands about 4 years ago. Now it's up to $320 thousands, and all he wants to give me is 15,000. I mean look at the equity in the house, $15,000 is no way compared to what I should be receiving. So my question is, am I entitle to half of the house since we both are doing the payment 50/50? My name on the loan clearly says im a partner, join. All I want from the house was 30,000 and I'll be ok with it. That's not even the full amount.

Thanks,

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Asked on 6/28/04, 12:35 pm

6 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Business partners

Did you pay have of the down payment? Have paid for half of everything? Where's the property located? You may contact me.

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Answered on 6/29/04, 10:12 am
Scott Schomer Schomer Law Group

Re: Business partners

Your position sounds reasonable. Are you also a co-owner on title? If so and have paid 50% of everything, it sounds like you have a claim.

If he will not paid your fair share, then you need to file a Partition lawsuit, which will force the sale of the house. In certain circumstances, you can also recover your attorneys' fees. If the place has increased in value more than $100,000 in the past few years, you need to be demanding more than $30,000. See an attorney for assistance.

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Answered on 6/28/04, 12:49 pm
Larry Rothman Larry Rothman & Associates

Re: Business partners

You probably would have to file a partition action in the event that a settlement can not be reached. This would allow the property to be sold. Please contact me at 714 363 0220 in order to set up an appointment and review your documentation.

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Answered on 6/28/04, 1:45 pm
Scott Linden Scott H. Linden, Esq.

Re: Business partners

We have dealt with many similar issues, we are specialists in trusts and estates and you would not believe how often ownership rights problems come up.

How is title held? Do you have a written agreement? How were payments made? (proportionally, paid by one of you and reimbursed, etc.?) Do you have copies of important documents (loan agreement, cashed checks)?

We would be happy to assist you if you believe this matter is one in which you would prefer to retain counsel. We can be reached at 626-578-0708 or online at www.No-Probate.com.

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Answered on 6/28/04, 2:37 pm
Judith Deming Deming & Associates

Re: Business partners

It's not that simple, and simply being obligated on the loan does not automatically entitle you to one-half ownership. What was your agreement? Were you merely a co-signer? Who lived in the house? Who maintained the house? Who took the interest deduction on their taxes? Who paid the property taxes and insurance? Most importantly, whose name is on the title? You really need to get your paperwork together and see an attorney for an evaluation of your postion.

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Answered on 6/28/04, 3:58 pm
Joel Selik www.SelikLaw.com

Re: Business partners

Assuming I know everything, you should be entitled to 1/2 of the equity.

Joel Selik

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JOEL SELIK

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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 6/28/04, 5:24 pm


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