Legal Question in Real Estate Law in California

How strong a case do I got?

I bought a house with someone, tenants in common, 20 years ago. We were 50/50 on down payment and monthly mortgage payments. Ten years ago he stopped making any payment toward the mortgage, tax, insurance and repairs. I had to pay for everything for the last 10 years. Can his non-performance of obligation be considered some form of forfeiture of ownership? Now I am wanting to ask the Court to transfer the title to me as the sole owner of the property. What is my chance?


Asked on 11/10/04, 3:22 am

5 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: How strong a case do I got?

You can sue for partition. That person will likely be entitled to his/her/their ownership interest, whatever we can show (minimal) they have entitlement to. Call to discuss

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Answered on 11/10/04, 12:45 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: How strong a case do I got?

You will need to file a partition action. In that action, it will be decided what interest each party has, how much should have been contributed over the years by the other party, adjusting what they are entitled to. Cost of such an action will depend on how hard the other side fights.

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Answered on 11/10/04, 1:58 pm
Michael Olden Law Offices of Michael A. Olden

Re: How strong a case do I got?

Here we go again another breakup of some form of relationship in most probability without a written agreement applicable to the situation as a whole. Over 30 years ago in my first year of law school in the real estate course I learned the adage "the law aborts forfeitures". And in my history of practicing law was real estate as a specialty, and sitting pro tem on the Superior Court benches in Alameda and Contra Costa County I likewise aborts forfeitures. That doesn't mean that it's an equal 50/50 division but if I'm correct you will never prevail in getting full title to the property. In most probability will have to file a partition action to force or two sell her interest and in that action explained to the court the whole situation and how she no longer has a one half interest but something less than that by virtue of her failure to comply the original agreement. It appears that your statute of limitations on breach of agreement has long expired based upon the oral agreement that you had. It is likewise long expired if you even had a written agreement. What I am telling you is get a good attorney in your area and let him/her deal with this problem on your behalf. Don't just sit there and do not do it yourself could you may screw it up even more than it has been screwed up at this point.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 11/10/04, 4:02 pm
Larry Rothman Larry Rothman & Associates

Re: How strong a case do I got?

A partition action would be filed and you would have a right for an accoutning of funds. Please contact our office if you have any more questions. We handle cases throughout California.

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Answered on 11/12/04, 10:33 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: How strong a case do I got?

Slim to none. Your best chance is for unjust enrichment on the extra amounts you paid plus prejudgment interest.

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Answered on 11/10/04, 9:45 am


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