Legal Question in Landlord & Tenant Law in California

If a divorced couple is still 50% owner of rental property and one owner is collecting 100% of the rental proceeds, can the other owner file an eviction notice since they aren't being paid their 50%.

Simply, my X is renting out both homes and collecting 100% proceeds under the table/cash. I want to know what my rights are, since there is a mortgage I have been paying for, as well as property tax and insurance.


Asked on 5/10/17, 9:49 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

No they cannot evict the tenant. As I told you in response to your first version of the question, each owner can rent it out on their own on whatever terms they see fit. The other owner is likely entitled to sue the owner collecting the cash for their share, but that is not the tenant's problem. If you are paying all the costs and the other owner is collecting the money, it sounds like you are WAY past due to hire a lawyer to file a partition action against the other owner, to force a sale of the property, or a buy-out by one of the other, since you clearly cannot co-manage the property without conflict.

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Answered on 5/10/17, 10:23 am


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