California | Real Estate Law
Legal Question
Joint Tenants Share of Equity
My mother and father were in the process of divorcing when my mother passed away in 4/2003, but I believe the divorce was not finalized...they were at the 2nd to the last step. On the divorce papers, it stated that my father would get $100k, of which he did receive $40k in cash already and would quit claim the house that we own to my mother and I. Currently, title is held with him, my mother, and I as joint tenants. They also signed a separate contract that repeated the $100k amount and the quit claiming that was notarized. Because he has been living in another country for the past 2-3 years (but also receiving social security benefits from here), I have been making all the mortgage payments, tax payments, insurance payments and have also renovated the home during this time. I have also been taking care of my younger sister who just turned 18. Our home has also doubled in value during the years passed. He has just filed a suit against me for his share of the equity. Because of the divorce decree, separate contract, the money that I put into the home, would he still be entitled to half of the equity that is in the home?


